N.J. smoking ban goes farther than businesses thought

United Pro Smoker's Newsletter ^ | April 13, 2006 | TOM HESTER

[SheLion]

With less than two days remaining until New Jersey bans indoor smoking in public places, restaurant and bar owners discovered they are facing an unexpected restriction -- no smoking within 25 feet of a building.

In releasing 77 pages of proposed restrictions yesterday, the state Department of Health and Senior Services unveiled the "25-feet rule" that might all but snuff out plans businesses had to create outdoor areas, such as decks, where customers could smoke.

The ban, called the Smoke-Free Air Act, is scheduled to go into effect at 12:01 a.m. Saturday. The proposed restrictions are effective immediately, although they won't be finalized until September.

"This will prevent a phalanx of smokers outside the door, which is not only unsightly but unpleasant," Health Commissioner Fred M. Jacobs said of the regulation. "And it will prevent a backwash into the restaurant."

Armando Frallicciardi Jr., co-owner of Lorenzo's Cafe in Trenton and a strong opponent of the ban, called the surprise regulation "absurd." He said a number of owners, including himself, have been considering building a deck or a patio.

"This means if we build a 30-foot deck, and that is an extensive deck, we would have 5 feet where people can smoke. That is totally absurd," he said. "The state needs to work with small business on this and stop this. They have gained their objective. Now we need to have smoking outside."

In a last-ditch move to stop the ban, at least temporarily, lawyers for restaurant and bowling alley owners are scheduled to appear before Judge Stanley R. Chesler in U.S. District Court in Trenton today. They are seeking a restraining order on the grounds that the law is discriminatory because it allows smoking in the gambling areas of Atlantic City's 13 casinos. The owners maintain they will accept the ban if the casinos are included.

There has been legislation introduced in both houses to have the ban extended to the casino gaming areas.

"This new law is one of the greatest public health measures in New Jersey history," Jacobs said. Up to 62,000 adult nonsmokers in the United States, including 1,000 to 1,800 New Jersey residents, die each year from secondhand smoke, he said.

"This new law will reduce illness and premature mortality through decreased exposure to secondhand smoke," Jacobs said. "It will have tremendous long-term health benefits for future generations as fewer and fewer young people are exposed to secondhand smoke on the job."

The state is providing $200,000, and the Robert Wood foundation of Princeton another $380,000, to finance a public education campaign to alert the public and business owners about the ban. The effort will include direct mail, and print, radio and billboard ads.

New Jersey will join 10 other states that have indoor public smoking bans, including New York, Delaware and Connecticut. And England, Ireland and Italy are among a number of countries where indoor smoking is banned.

One business owner supporting the ban is Michael Zambas, owner of Clinton Station Diner in Hunterdon County. Zambas said he instated a smoking ban at the request of employees when the law cleared the Legislature on Jan. 9.

"I tell you it is the best thing I have ever done," he said. "Customers look for me and thank me. My business has not suffered at all, and my wife loves it. I go home, hang up my jacket, and it does not smell like an ashtray at all."

Jacobs said health inspectors and local police are prepared to hand out disorderly persons citations to customers or businesspeople who ignore the ban. Fines will range from $250 to $1,000.

"We are not going to be heavy-handed about this," he said. "It is the obligation of owners to remove violators. I believe people will obey the law."

Dale Florio, lobbyist for the Restaurant Association, was not as upbeat.

"April 15 is a low day in New Jersey. It is a day you pay your income tax and also lose your freedom," he said. "It is a shame it is happening on the same day."

[krimba25]

there are several of us that use to frequent the clinton station diner b/c it was convenient and close to where we lived, we use to go down in the evening after a long working day to relax at the bar with a glass of wine or beer and have a smoke (not all of us). that amenity to us has been taken away by the owner long before the ban went into effect. i personally did not see it being an issue or nuisance, maybe the restaurant should of had the bar in a better spot w/ better ventilation or whatever to buffer the non-smokers? we no longer go to the diner anymore, we head into the free state of Pa and the fact that the food is not that great either at the diner, this was the straw that broke the camels back.

jersey is becoming a follow the leader state, along w/ rediculous proposed tax laws, a huge deficit, and the quality of life has deteriorated along with choice and freedom - to much regulation, housing and property taxes, and to much traffic. that's what should be regulated. leave the poor smoker alone, the new law went to far, there is NO compromise and it is discrimanatory and it WILL financially hurt some small bar owners, that's a fact. i support "leave it up to the business to decide" as has done the Clinton station diner but i don't support the state imposing such law since it is oppressing and unconstitutional to all of us. there are bigger problems in this world that we need to worry about.

the funny thing is, i don't even smoke!!!

[Flavius Josephus]

Well, then your only consolation is that the anti laws hit the homos hard too because a disproportionate percentage of them smoke. Unless you get a pass if you're queer.