Posted on 08/14/2007 10:12:50 PM PDT by weegee
It'll be up to patrons, bars to ban smoking City will not beef up tactics for enforcement
When the city of Houston's smoking ban expands next month to include bars, it largely will be up to bar managers and their customers to enforce the new rules.
The city is not beefing up enforcement tactics — it only has one smoking-enforcement officer, as well as 43 sanitarians who can issue citations — primarily because officials expect the ban to be self-enforcing, said Kathy Barton, spokeswoman for the city's Department of Health and Human Services.
In other words, the non-smoking public likely will be the ones asking smokers not to light up where it is not allowed.
"That will go a long way to provide enforcement," Barton said.
While the current law prohibits smoking in some indoor workplaces, including restaurants, lighting up is allowed in bars and the bar sections of restaurants. The stricter ban, which goes into effect Sept. 1, will expand to bars and other indoor workplaces not covered now.
The new law includes a handful of exemptions for cigar bars and tobacco shops, private rooms in nursing homes and designated smoking rooms in hotels, motels and meeting facilities. It also allows smoking on outdoor patios.
Stricter ban was sought Along with its lone smoking-enforcement officer, who does not work at night when bar patrons would be most likely to break the rules, the city employs 43 sanitarians.
They are not allowed to ticket smokers, but can issue citations to bar managers for failing to follow certain requirements, such as posting "no smoking" signs.
Violators could face fines of up to $2,000.
"There are so many people looking forward to it that we want to make sure that they know they have the right to help us enforce it," said Councilwoman Carol Alvarado, who pushed for the stricter ban before it was approved about a year ago.
To date, the city has not received any applications for exemptions, Barton said.
Lawrence Daniel, managing partner of the Downing Street Pub, said he planned to request a tobacco bar exemption, but had not realized the application was available online at the health department's Web site.
He has doubts, he said, about the department's ability to enforce the ban.
"I see a department within the city of Houston that is known to be short-handed, with a lot of area and a lot of places to cover, and an additional burden has been placed on them through this extended smoking ban," he said. "I'm just wondering how effective and efficient they're going to be at getting out there and enforcing it."
During the first month, the department might have some kinks to work out, Barton said.
"Probably in those exemptions are where the big bugs are going to come up, (including) people who think they should have an exemption for the cigar bar when they clearly don't meet the criteria," she said.
The ordinance defines a tobacco bar as bringing in more than 20 percent of its revenue from the sale of tobacco products that are used on site. A tobacco store is defined as one that pulls in more than 60 percent of its revenue from the sale of tobacco products.
Existing law allows health department employees to investigate complaints, but not to inspect restaurants at random for compliance. Under the new ordinance, inspectors will be able to randomly check establishments to make sure they are following the rules.
Since the existing smoking ban went into effect in September 2005, the department has issued dozens of warnings, but only a handful of fine-carrying citations.
Enforcement methods The city of El Paso also relies on self-enforcement. It has proved effective since the ban, which applies to all workplaces, including restaurants and bars, went into effect in January 2002, said Sue Beatty, who oversees training for the El Paso City-County Health & Environmental District. The city has no enforcement officers dedicated to smoking, she said.
"Mostly, if someone sees someone smoking in a public place, they can tell management and that's pretty much the end of it," Beatty said. When there's a complaint, either a restaurant inspector or police officer responds to it, she said.
But in New York City, where smoking has been prohibited in bars and restaurants since March 2003, enforcement works differently.
The city employs 12 smoking-enforcement employees and another 55 restaurant inspectors who look for violations during routine inspections, said Sara Markt, a spokeswoman for New York City's health department.
"One effect of the ban has been that people don't feel like they have to tolerate smoke in the public environment," Markt said. "If someone were to violate the rules, I think it is possible that someone would speak up. But we don't rely on that. ... We do the enforcement."
As the city prepares for the more restrictive ban to take effect, a group of local bar, nightclub and cabaret owners is using a federal lawsuit to try to stop it. The group claims the ban creates unfair regulations not allowed by state law.
A judge is expected to hear arguments for a temporary injunction against enforcement of the ordinance on Aug. 27.
CLEARING SMOKE
Houston's new smoking ban goes into effect Sept. 1. • Existing ban: Prohibits smoking in some indoor establishments, including restaurants, but not bars.
• Upcoming ban: Smoking will be prohibited in all indoor workplaces, including bars, with a few exceptions.
• Exemptions: Outdoor patios, hotel or motel rooms designated for smoking, private rooms in nursing homes, tobacco shops, cigar bars that meet certain requirements, designated rooms in meeting facilities during private functions, stage areas of enclosed theaters when smoking is part of the performance.
• More information: Contact the city's smoking enforcement program at 713-640-4359 or smoke.health@cityofhouston.net.
Or visit the city's health Web site at www.houstontx.gov/health
They got around that simple logic by saying that the employees in smoking only bars had to be exposed to the second hand smoke against their will. The employees couldn't make a choice on their own whether to work at a non-smoking or smoking bar it seems.
Don't know if they were the first but they did do it:
Yeah, I was joking about the fat thing. I also agree with your comment on far right/conservative movement split. For me, it’s hard to side with people who would like the government to limit free choices. I know this isn’t politico, so I’m not trying to label anyone as commies (far left) or Nazis (far right). Just thought I’d throw that out there.
Sorry, couldn't let that pass. Blackbird.
I have worked in refrigeration and air conditioning for several years. I thought the ice machines came from the factories with slime installed.
I have worked on ice cream machines that were in very clean restaurants. The machines were spotless on the outside. There were thousands of roaches hiding underneath the access panels.
I guess what we don’t know can’t kill us. :0[
Same thing happened in Madison where the business community constantly tries to appease the Central Committee and whatever promises the Central Committee makes are inevitably broken.
Prior to the City’s smoking ban, bars thought they could be exempt if they put in these very expensive air filtration systems, so they put them in, then the Central Committee stabbed them in the back. And then twisted the knife.
Progressive Danes and other totalitarian types always hate business, until the tax base in destroyed. Well, even then, but then they just whine about business fleeing the kill zone.
Never make a deal with a commie scumbag or a hippie.
Thanks weegee - was wondering how this was going to affect my favorite cigar bar in town - I still go there...good memories of the Black Beret Brigade Clinton Rally in 1998. The bar is a wonderful atmosphere to enjoy a cigar.
I may have to drive to Houston to do some undocumented smoking. I hear that with these bans, there are acres and acres of tobacco rotting unpicked in the fields...
I guess some of us just have to smoke the tobacco most Americans won't smoke.
Nice picture of future Lung Cancer victims.
I know that two Marlboro men (life time smokers) died from lung cancer.
Well Pasadena jumped onto this bandwagon too. At least you can still smoke in Deer Park, and La Porte. :)
“I like turtles.”
I hate smoking nazis....
Absolutely not...I was just there Thursday night enjoying a cigar. Cigar bars like 10 Downing Street are just about the only establishments not affected by the ban.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.