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Posted on 12/28/2002 4:36:49 AM PST by SheLion

 Smoking rooms, like this glass-enclosed one at Franks Restaurant on W. 15th St. and Tenth Ave., will likely proliferate under new law.

As the city's anti-smoking bill moved closer to approval this week, many local bar workers and customers wished they could snuff out a law that they feel infringes on their personal freedoms. Bar owners, fearing the new law will hurt business, were bracing for the worst and considering the cost of building smoking rooms.
The bill is designed to protect the health of workers and would ban smoking in all bars and restaurants, with limited exceptions. If the City Council and the mayor O.K. the bill as expected this week, New York City will follow Boston as the nation's newest city with a smoke-free workplace law on the books. This was unwelcome news for many people on both sides of the city's bar counters.

Plenty of customers complained that the proposed law was too intrusive.

"As a non-smoker, I think it's a really stupid idea," said David Benson, 42, an actor and former restaurant employee enjoying a weekend drink at the Gaslight Lounge on W. 14th St. Benson said he resented Mayor Bloomberg telling workers what was best for them.

"I think that Bloomberg has overstepped his bounds," said John Nolan, 52, a rock impresario, at the Ear Inn on Spring St. Nolan said that he respected a smoker's right to light up at a bar, even though he quit smoking in March.

Nolan's drinking companion held a less popular opinion about the law - at least among bar patrons.
"I love it, 'cause I'm not a smoker," said David L. Albert, 67. "I think it's one of the greatest proposals ever made in New York."

Anticipating the law's passage, bar workers and owners voiced concerns ranging from potential lost revenue to noise increases if smokers are forced to take their cigarettes onto the sidewalks and streets.

David McWater, the owner of four bars on Avenue A, said his establishments could probably survive a dip in revenue, but added, "A lot of people are hurting already, and they won't make it."

McWater said his main concern was smokers congregating on the streets. "We fought so hard down here in the East Village to alleviate noise, and this is just the worst thing," said McWater, who is also a member of Community Board 3. "You might as well give everyone in the East Village a cabaret license."

Although the city's community boards only vote in an advisory capacity on the legislation, Community Board 3 - which covers the East Village and the Lower East Side - opposed the smoke-free legislation due to noise and outdoor safety concerns.

Community Board 2 - which covers Greenwich Village and the West Village, Noho, Soho, Chinatown and Little Italy - may have been the only board in the city to support the mayor's plan to ban smoke from most bars and restaurants.

"I think it's a really great piece of legislation," said Aubrey Lees, chairperson of C.B. 2. "It will save people's lives."  

Smoke-free advocates and local politicians also hailed the bill as an important step in safeguarding all workers' health, regardless of profession.

"You can't say a banker's health is more important than the health of bartenders," said Joe Cherner, the founder of BREATHE, or Bar and Restaurant Employees Advocating Together for a Healthy Environment. Cherner recalled that when he worked as a Wall St. investment banker in the 1980s, his workplace was a smoking environment.

"It's a very significant public health initiative, and I think it sends an important message about worker health," said City Councilmember Christine Quinn, chairperson of the council's health committee.

But many bar workers said they didn't need the city's protection.

"If I'm worried about my health, I'll stay in the middle of a field, picking corn," said Ann Marie Bowes, 31, a bartender at the Village Idiot on W 14th St. at Ninth Ave.

"You know what you're getting into when you work in a bar," said Colleen, 24, a bartender at the Gaslight Lounge, across the street, who declined to give her last name.

Some bar owners and workers hailed the decision, though.

"Out of all our employees, only one smokes by choice and the others are forced to smoke every day," said Linda Azzollini, who along with her husband owns and operates Paul & Jimmy's restaurant on E. 18th St, which has a small smoking section and bar. She said the smoke causes headaches, eye irritation and congestion for her and her employees. 

Azzollini was one of 57 people who testified on Dec. 13 at a public hearing on the anti-smoking bill at City Hall. If passed as expected, the bill would take effect next spring, 90 days after the mayor signs it. Seven existing cigar bars would be exempt from the law, but only under their current owners. Private clubs would also be exempt from the legislation, as would bars that are operated solely by their owners. Ventilated smoking rooms no larger than 350 sq. ft. can be constructed in bars and nightclubs so customers can smoke indoors. A recent article in the New York Post said building a smoking room in compliance with the regulation would costs thousands of dollars.

McWater said he'll build a room, but added, "I won't spend $20,000 on a room. For that, I could skip a room and put up another bar."

And McWater had concerns about enforcing the law.
"I also worry about security," he said. "What do I do when I have a drunk, 250-pound man who wants to smoke?"

Some bar owners said they would try to make the best of the new law. Matthew Maher, the owner of McSorely's Old Ale House on E. 7th St., by some accounts the country's oldest saloon, anticipated that he would lose some revenue when the law goes into effect. But he said he wasn't too concerned.

"We'll only raise the price more - it's like the subway," Maher said.

Like any number of bar proprietors, many customers could hardly believe that the law was for real. Douglas Romines, 30, lit up a Gauloises at the Ear Inn and reflected on the proposed legislation.

Said Romines, "It doesn't seem much like New York."

Smoking rooms, like this glass-enclosed one at Frank s Restaurant on W. 15th St. and Tenth Ave., will likely proliferate under new law.

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