Smokers adapt under new law

Don’t smoke ’em if you’ve got ’em. That was the message as owners of bars, restaurants and other public establishments across the state were telling cigarette-smoking patrons they would be sent packing if they lit up.

In November, Arizona residents voted to approve Proposition 201, which banned smoking in most public places, including bars, gaming halls, billiards halls, bowling alleys and other public areas.

Although some restaurateurs, bartenders and customers were angry about the new rules that took effect Tuesday, most said customers were compliant.

“It’s stupid, stupid, stupid! That’s what I say,” said Kimberly Joseph, a resident of the Gila River Indian Community who was working on a pitcher of beer inside a smoke-free Pecos Lounge at Arizona Avenue and Pecos Road in Chandler on Tuesday.

Angel Rodriguez, a bartender at Pecos, said she only had to tell one customer to leave the building when he lit a cigarette. Rodriguez, who said she’s convinced the ban will harm her business, said 90 percent of her clientele smokes.

“I mean what’s a beer without a cigarette and a cigarette without a beer,” she said.

Some customers, like Scottsdale resident Don Wing, were downright defiant of the new law.

Wing said he was testing the waters when he tried lighting up at Scottsdale’s Blue Moose bar at 7373 E. Scottsdale Mall. He was told to leave if he was intending to smoke.

“I think that it’s not right,” he said. “What are they going to tell us next we can’t do?”

Paul Martinez, a manager at AZ88 Bar & Restaurant at 7353 E. Scottsdale Mall, said he doesn’t like the idea of the government telling private business owners what they can and cannot do on their own property.

AZ88’s business grows anywhere from 8 percent to 10 percent a year, but Martinez said he doesn’t think the ban will change much. “Not all places are created with everyone in mind,” he said.

Steve Chucri, president and CEO of the Arizona Restaurant & Hospitality Association, said he believes the new law was the best possible solution for his members in a society that’s growing more opposed to smoking.

His organization decided to back Proposition 201 because it made allowances for restaurant and bar owners to allow smoking on outside patios.

“We want to be able to accommodate the smoker and nonsmoker alike,” he said.

David Ludwig, manager of Maricopa County’s Environmental Health Division, said the state will ramp up its hiring to help enforce the new measure, but so far the aim is to educate owners and patrons of the new law.

He said it’s too early to tell how well the law will be received by the public.

I was smoking outside today and was told to put out my cigarette because I am breaking the law, I told them that it's BS because I am more than 20 feet away from a public entrance. I was told it doesn't matter because I was in a public place. That ticks me off.

http://www.azsos.gov/election/2006/Info/PubPamphlet/english/Prop201.htm

Here is the law as it is written:

THEREFORE, The people of Arizona declare that everyone has the right to breathe clean indoor air in public places and at work, and that the health of Arizonans will be improved by prohibiting smoking in enclosed public places and places of employment. It is the intent of this Proposition to protect patrons, employees and people who may be particularly vulnerable to the health risks of breathing secondhand tobacco smoke including children, seniors and people with existing health problems.

And here is the definition of public place according to the prop:

"PUBLIC PLACE" MEANS ANY ENCLOSED AREA TO WHICH THE PUBLIC IS INVITED OR IN WHICH THE PUBLIC IS PERMITTED, INCLUDING AIRPORTS, BANKS, BARS, COMMON AREAS OF APARTMENT BUILDINGS, CONDOMINIUMS OR OTHER MULTIFAMILY HOUSING FACILITIES, EDUCATIONAL FACILITIES, ENTERTAINMENT FACILITIES OR VENUES, HEALTH CARE FACILITIES, HOTEL AND MOTEL COMMON AREAS, LAUNDROMATS, PUBLIC TRANSPORTATION FACILITIES, RECEPTION AREAS, RESTAURANTS, RETAIL FOOD PRODUCTION AND MARKETING ESTABLISHMENTS, RETAIL SERVICE ESTABLISHMENTS, RETAIL STORES, SHOPPING MALLS, SPORTS FACILITIES, THEATERS, AND WAITING ROOMS. A PRIVATE RESIDENCE IS NOT A "PUBLIC PLACE" UNLESS IT IS USED AS A CHILD CARE, ADULT DAY CARE, OR HEALTH CARE FACILITY

Here is the real BS of it all, the state is requiring all places to put up a sign saying no smoking and on that sign it also says for people to turn in other people for smoking. No where does it say on those signs what the distance is and now we are going to have a million anti-smoke nazis turning in people and eating up precious city resources over a petty offense.

Whatever happened to this country?

C'mon lizard, when they hand you a lemon, make lemonade.

Get some good legal advice on where you can smoke w/o breaking the law, then smoke there (in your free time), scrupulously obeying the law. When a smoking Nazi comes along (and one or two or five surely will, in very short order) and either harasses you or sics a cop on you, don't move a muscle, don't argue with them, hell, don't even look at them. -- let 'em do what they will, including arrest you.

If you take the trouble to videotape these little dramas, you should end up a very wealthy man. If you get lucky enough to get a stupid cop to bust you, the proceeds of the false arrest suit alone should be enough to retire on.

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