Question enforcement
Bars, restaurants prepare for statewide smoking ban, question enforcement Published: Monday, April 12, 2010, 7:35 AM Updated: Monday, April 12, 2010, 1:36 PM
Mark Copier | The Grand Rapids PressUnited States Navy veteran Rich Page, 68, enjoys a beer and cigar in the Walker American Legion Post 179. Bars, restaurants and private clubs in Michigan must be smoke-free on May 1.GRAND RAPIDS — As a U.S. Navy recruit in 1959, Rich Page figured the government wanted him to light up.
“When I was in boot camp, if you didn’t smoke, you didn’t get a break.”
Those days are gone.
Soon, so are his occasional cigars with pals at the American Legion post in Grandville. The state’s ban on indoor smoking — including bars, restaurants and private clubs — kicks in May 1. Page signed a petition to exempt private clubs but knows it will be shot down.
“It’s not all that much about smoking, it’s about rights,” Page, 68, of Jenison, said this week. “I just want to know where it’s going to stop. I do have a Big Brother issue, I really do.”
TIPS Following the law
Five rules for Michigan bar owners facing the May 1 smoking ban:
1. Post no-smoking signs.
2. Remove all ashtrays, matches, lighters and other smoking paraphernalia.
3. If a customer lights up, ask him or her to stop.
4. If the customer refuses to stop, refuse service.
5. If the customer still refuses to stop, as him or her to leave.
Source: Public Health-Muskegon County
If he’s worried about who will be watching, he isn’t alone. Enforcement is still in the works.
The state Department of Community Health said local health departments will enforce the law. But specifics are still under review, which has left cash-strapped local agencies wondering what to expect.
“As far as exactly what our role is going to be with no money to do anything, it’s going to be difficult,” said Bridie Bereza, spokeswoman for the Kent County Health Department.
“We don’t have very good guidance from the state of Michigan on what we’re going to do. I hope the lack of a plan doesn’t undermine anything with the smoking ban.”
She said Michigan, the 38th state to adopt such a ban, is likely to “police itself,” with business owners reminding customers that smoking is out virtually everywhere in the state. Peer pressure could have an effect, too.
Already, people comply with owner-directed bans. Proponents say smoking bans have worked in other states.
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Bereza said if health inspectors, who check food safety and sanitation, are required to enforce the smoking laws, they could look for proper no-smoking signs and to see if ashtrays are gone. But her agency and others await direction and worry about adding duties after losing workers and funding due to state budget constraints.
“The issue then is, is there money from the state to enforce it?” she said. “It’s a question of, how are we supposed to do that then?”
James McCurtis, state health department spokesman, said: “That’s one of the things we’re going to have to work out. That’s one thing that’s still not concrete. The budget is tight all across the state.”
He said the state soon will provide training to local health departments, but the process for review and enforcement is being determined. It will be in place when the law takes effect, he said.
Regardless, he believes most people will comply with the ban. He said restaurant and bar management would be the first line of enforcement and handle the vast majority of problems.
“This is a law that’s going to create a healthy environment for everyone,” McCurtis said.
Smoking ban begins May1
Maybe, but business owners, particularly those dependent on the beer-and-cigarette crowd, have a lot of concerns, said Andy Deloney, vice president of the Michigan Restaurant Association.
His agency has fought smoking bans for two decades.
The timing of the ban, in the midst of the state’s down economy, could not be worse, he said.
“We know there’s going to be places hurt initially,” he said. “They’re doing everything they can to keep open. I would not be surprised to see some places close because of it. Presently, there’s no money in the industry right now. Essentially, they’re trying to keep their heads above water.”
He said the law, with very few exemptions, contains “a lot of gray areas” that have confused business owners.
He is concerned that having local health departments enforce the ban could bring different interpretations of the law. In Ottawa County, for instance, the owner of two businesses has different inspectors who judge the businesses differently, Deloney said.
“There are 45 health departments … so we’re going to have issues with the smoking ban as well,” he said.
Statewide, he said 6,000 establishments of about 17,000 have voluntarily gone smoke-free.
Tillman’s Restaurant on Monroe Avenue NW in Grand Rapids isn’t one of them. It has a reputation as a smoker-friendly establishment. Owner Tom Tillman hopes he won’t lose any customers when the ban takes effect.
He would rather people talked about his “great food” than smoking.
“I have a lot of people come to me and say, ‘We would come to your restaurant, but it’s so smoky in there.’ Maybe more people will come to Tillman’s because it is smoke-free,” he said.
“Maybe it’ll increase my business.”
He is soon to lose a cigar club, a group of up to 30 who meet monthly. As he pointed to empty chairs in the dining room one afternoon, he said no one wants to risk losing customers in these trying times. The only consolation is that “everybody’s in the same boat,” he said.
“There’s nothing we can do about it. Times have changed.”
E-mail John Agar: jagar@grpress.com
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