Plan targets restaurant smoke in Dallas
Posted on 08/07/2002 3:24:43 AM PDT by MeekOneGOP
Plan targets restaurant smoke in Dallas
08/07/2002
Nonsmoking sections in Dallas restaurants would have to be smoke-free under a proposal before the City Council.
The measure, drawn up by the city's Environmental Health Commission and presented Tuesday to a council committee, would require restaurants to prevent any smoke from wafting into dining areas designated as nonsmoking.
The law would leave it to restaurant owners to determine how to meet the requirement. The choice of building partitions or installing special ventilation systems would be left to each owner.
"This is a situation where we should help the individual customer know what his choice means that 'nonsmoking' means 'smoke-free,' " said James E. Mitchell, vice chairman of the Environmental Health Commission.
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Restaurants built after the law's passage would have to comply immediately. Existing ones would have five years, unless they undertook substantial renovations in the meantime. Bars would not be affected.
Another committee meeting will address the plan, and if it moves forward, a public hearing would take place.
Virtually every member of the council's Health, Youth and Human Services Committee praised the proposal Tuesday, calling it a laudable compromise. Anti-smoking groups dismissed it as too weak, and a spokesman for local restaurants expressed concern that it could give some eating establishments an unfair advantage over others.
"Unfortunately, what is proposed doesn't go far enough to protect the health of Dallas citizens," said Karen Potasznik, chairwoman of the Smoke-Free Dallas Coalition. The coalition produced a parade of speakers in the City Hall lobby including a boy who suffers from asthma to urge a complete ban on smoking in restaurants.
"I ask the Dallas City Council to protect children from secondhand smoke," said 10-year-old asthma sufferer Wyatt Whittington.
Restaurant industry spokesmen took a more neutral stance.
Glen Garey, general counsel for the Texas Restaurant Association, said that although he's not familiar with the specifics of the Dallas proposal, it appears to be in line with the approach favored by the industry.
"We suggest using ventilation standards to meet the needs of smokers and nonsmokers alike," he said.
Mark Czaus, president of the Greater Dallas Restaurant Association, said his biggest worry was that the law could weigh more heavily on some owners than others.
"Our goal is to make it as level a playing field as possible," he said. "Like the airlines: They're all playing by the same rules."
Council member Lois Finkelman, who leads the council committee responsible for health issues, took the concerns of both sides in stride. "Neither one is overly thrilled, which may mean it's a darned good recommendation," she said.
Dallas' smoking law was written in 1986 and has not been revised. Some North Texas cities have adopted laws more stringent that the Dallas proposal. They include Plano, Arlington and Fort Worth.
In general, Mr. Mitchell said, the tougher laws require specific types of ventilation systems. But he said the Dallas panel preferred to give restaurant owners as much flexibility as possible.
Asked how the new law would be enforced, Mr. Mitchell said the panel did not specifically address that issue. However, he said, tests to measure whether air is moving from smoking to nonsmoking areas are relatively easy to perform and could be incorporated into standard restaurant inspections.
E-mail vloe@dallasnews.com
But noooooooo. Legislators are SO clever. They don't want to take the heat and obviously NOBODY WILL NOTICE if they do it bit by bit. How insulting.
There. I've been wanting to say that for AGES. (Thank you for your patience.)
That's what so many of us have been saying for years. But that's not good enough for the antis. They believe they have the right to smoke-free everywhere on the off chance they might, possibly , someday visit a particular establishment.
If smoke-free was so good for business, more than 70% of establishments would have gone smoke-free voluntarily since at least 70% of the population are non-smokers.
Back in June when the banning of smoking in Delaware "public" places went through the legislature there was a quote in the paper from the manager of one of the local sports bars, which is also a restaurant. He said he looks forward to it and that it won't hurt his busines because his customers come to eat, drink, converse, hear the music or watch the game, not to smoke.
My question to him is then why don't you go non-smoking on your own and get a jump on the competition? He is always conveniently occupied or absent whenever I stop by to query him.
When I was there last Friday afternoon there were 24 people at the bar - 19 either were smoking or had a pack of cigarettes on the bar in front of them.
Of course the antis dismissed it as too weak. It's not an outright ban of smoking everywhere.
As for some establishments having an unfair advantage - the politicians DON'T CARE if the mom and pop places go out of business.
LOL! Well, I hope not. I luv my fajitas.......
Here, Eric! EXHAUST THIS!
When I go to a restaurant to eat and I ask for a non-smoking section, that non-smoking section better darn well be smoke free. Nothing like sitting at a table that is supposedly in non-smoking while just on the other side of the lattice-work "wall" there's a table of 4 and all of 'em are smoking.
The separate sections need to be more separate.
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