Bars smoke-free in '04 Police, say they don't plan to enforce law(Tobacco suit $ diverted)

Blethen Maine Newspapers ^ | December 31, 2003 | COLIN HICKEY

[fight_truth_decay]

When the ball drops in Times Square tonight, smokers in bars around the state will have to snuff their cigarettes.

Already, many bars have built or are in the process of building covered annexes outside their main facility where their clientele can smoke legally.

The exception to this trend are private clubs such as American Legion posts and Elks Clubs, which are exempt from the ban, although with the stipulation that a smoking policy is in place that employees have deemed acceptable.

Assistant (Maine)Attorney General Paul Gauvreau, however, said the exemption given to private clubs creates the possibility that employees of those clubs could be subjected to secondhand smoke they would prefer to avoid.

"There is a potential conflict between the workplace worker and the private club," he said. "That is true."

Enforcement also could be problematic. Police in central Maine made clear they do not have the resources to ensure that bars are compliant with the smoking ban.

"We have no plans to enforce that issue -- period," Waterville Police Chief John E. Morris said. "The smoking in the bars will have to be regulated by the bar owner."

Skowhegan Police Chief Butch Asselin said his police will not be looking for smoke-filled rooms either.

"We are not going to go into bars just to look for people who are smoking," he said. "If we get a complaint, we will forward it to DHS (Department of Human Services), who will in turn send it to the attorney general's office."

But Asselin said he does not expect bars to blatantly defy the law.

Gauvreau said much the same.

"I think you will find that most folks will make a good faith effort to comply," he said.

To some degree, the attitude toward smoking in public could follow the same pattern as attitudes toward drinking and driving.

Area police said people have become far more responsible about staying off the roads after they've been drinking alcohol, especially on New Year's Eve.

"A lot of people who have a couple of drinks now just won't drive, and I commend them for that," Asselin said.

Morris said he does not plan to beef up his police patrol on New Year's Eve. No reason to, he said.

"The reality is New Year's Eve is about the only night of the year where people are extra cautious about drinking and driving," he said.

Winslow Police Chief Michael W. Heavener will have one extra officer on duty tonight, but he also said that people have become more responsible about their drinking.

He shares the view of his counterparts regarding the smoking ban in bars as well. Limited resources, he said, make aggressive enforcement unrealistic.

But Heavener, a nonsmoker, suggests that such vigilance might prove to be unnecessary. Bar owners, he said, could discover that the ban will boost business.

"I know when I go into a restaurant or place where people smoke, I limit my stay because I just can't stand the smoke," he said. "So I wouldn't be surprised if bars get more people (as a result of the ban) because they will attract more nonsmokers."

[fight_truth_decay]

The Maine Dept.of Human Services promotes this ad:

BUT:
"Maine's tobacco settlement funds have been diverted more than they should be and are at risk for greater looting if not protected. Since the state began receiving its funds, close to 40 percent of the total, or about $87.5 million, has been diverted to the state's general fund for nonhealth purposes."-Ed Miller, executive director for the American Cancer Society of Maine. 12/03

[Chad Fairbanks]

But Heavener, a nonsmoker, suggests that such vigilance might prove to be unnecessary. Bar owners, he said, could discover that the ban will boost business.

I don't recall this being true anywhere else that the smoking ban has been implemented - what makes this guy think it will happen this time???

[Grut]

"I think you will find that most folks will make a good faith effort to comply," he said.

I don't think this guy drinks in many blue-collar Maine bars!

[Chad Fairbanks]

In answer to my own question, it's probably the same disease that makes liberals think, "Sure, Communism hasn't worked anywhere else up to now, but if WE do it, it will work this time..."

[jim35]

..."The exception to this trend are private clubs such as American Legion posts and Elks Clubs, which are exempt from the ban, although with the stipulation that a smoking policy is in place that employees have deemed acceptable"...

In that case, private clubs should hire only smokers. Since some companies are hiring only non-smokers, turn-about is fair play. Then there'll be no complaints!

[unixfox]

"We are not going to go into bars just to look for people who are smoking," he said.

That is, not until they see the potential for "revenue".

[Adder]

I think its a nice way of saying that the law will die from a lack of attention.
Good for the Maine cops...at least SOME are sane in that wacky place. Must be the cold.

[Az Joe]

"What this country needs is a really good five-cent cigar".

Thomas Marshall
VPOTUS
1913-21 (Wilson)

[Clock King]

I don't think this guy drinks in many blue-collar Maine bars!

This guy is some kinda yuppie. Blue-collar bars will ignore this, and this is where you will see cops hanging out after their shift to wind down.

[brooklin]

This is a stupid law. It's laws like this that just breed contempt for all laws.

[88keys]

Calling all Florida FReepers...

I need a list of local "blue-collar bars" and VFW halls or my vacation will be ruined!!

(I cannot express sufficiently how aggravating I find this "ban on everything" "for the children" "if it saves just one life" mentality...it's scary the way the "sheeple" just say "whatever" to any new law handed down by the "health Nazis", the "separation of Church and State Nazis", the "Mothers against Drunk Driving Nazis", the "gay marriage Nazis" and the whole darned lot of them!!)

(/ rant...I feel better now...!)

[cake_crumb]

New York State also depends on informants to enforce this law.

[cake_crumb]

"Blue-collar bars will ignore this, and this is where you will see cops hanging out after their shift to wind down."

Yes, they'll ignore this, and then some drunk who starts a fight and gets booted will call the police and turn them in.

[festus]

The exception to this trend are private clubs such as American Legion posts and Elks Clubs, which are exempt from the ban, ...

Well there's your answer. This bar is a private club members only. You must be a member to enter. In order to become a member please pay the $1.00 membership fee. Once a member you are a member for life.

[fight_truth_decay]

The law does make one allowance in its sweeping ban of smoking. As of Jan. 1, smoking will still be permissible in what the law deems "private clubs." Private clubs, as defined by the law, must be members-only and make no profit. Such clubs must also serve a social purpose; private clubs include the Elks, the Legion, and other such groups. In order to prevent employee exposure to smoke, smoking at private club meetings is only permissible if no one has been hired to tend bar or serve food for the gathering.

[festus]

Hmmm. Ok thats a bit tougher but I'll give it a go.....

The club's social purpose is : To promote the appreciation of the fine art of brewing.

The club makes no profit : It pays all its dues to Bruno the Bouncer

The waitstaff and bartenders are "volunteers" who work for tips only. Bruno ensures that if you don't tip you don't stay.

:-) ;-) :-)

[Ghengis]

But Heavener, a nonsmoker, suggests that such vigilance might prove to be unnecessary. Bar owners, he said, could discover that the ban will boost business.
I don't recall this being true anywhere else that the smoking ban has been implemented - what makes this guy think it will happen this time???

It doesn't happen. There have been a handfull of bars and billiard halls in Ohio that have tried to go no-smoking. They all either folded or changed to allow smoking in short order.

This argument is similar to the Sarah Brady types telling all of us that gun deaths will increase with a CCW law in place in spite of volumes of evidence to the contrary.

[Chad Fairbanks]

I know... I know... and it is maddening...

[Old Professer]

Where is Maine?

[fight_truth_decay]

The most picturesque state in the Union. It's beauty is intoxicating. However the liberals out number the conservatives when going to the polling booth. Portland is a liberal city having the most population with transplants from the Commiewealth of Massachusetts. If people would just get out and vote. There are 2 parts of Maine. One considered more prosperous than the other. Maine is also #1 or #2 in welfare handouts in the country with a median income of around #39. You might of read recently that social services was going door to door trying to enroll Mainers for food stamps. I could go on but...I might start crying :(