Maine: It's nearly the last gasp for smoking bar patrons

Monday, December 29, 2003

It's nearly the last gasp for smoking bar patrons

University of Southern Maine student Ben Theriault, of Buxton, takes time out from class to enjoy a cigarette in 2002. Starting next month, smoking will be banned in bars in Maine. Smoking is already banned in restaurants and in most public buildings.

To some bar patrons, the haze padding the ceiling and hanging over pool tables is as much a part of a bar as a bank of beer taps.

Those who have become accustomed to the sight, as well as those who are used to puffing on cigarettes between drinks, now have just a few days to savor it - the state's ban on smoking in bars is due to go into effect Thursday.

While officials at the state Bureau of Health and anti-smoking groups have touted the ban's health benefits since it was passed early last summer, bar patrons who frequent Portland's hazy, smoke-filled watering holes view the ban as another example of well-intentioned, yet misdirected legislation.

"(Smoking) is an easy scapegoat for our society's health problems," which are also caused by pollution, fast food and a number of other factors, said Clifford Brown of Portland, who lit a cigarette as he sat at one end of Amigo's Mexican Restaurant on Dana Street. Well over half of those who frequent the bar and restaurant - which has separate smoking and non-smoking sections - smoke cigarettes.

Brown, along with other patrons gathered at Amigo's on Friday, said he opposes the ban on principle. The state should not try to legislate health consciousness, he said.

"If you don't smoke, you don't have to come into a place like this," said Arty Tavano, 40, a cook at Gritty McDuff's on Fore Street. "Bars are here to be smoked in."

Tavano said the ban will not only change the character of many bars in the Old Port, but fill the area's sidewalks with smokers who must go outside to feed the habit. This will cause a slew of new problems that Portland's Police Department does not have the resources to deal with, such as fights and patrons walking out on their bills, he said.

"They're gonna ask cops to tell people not to smoke," Tavano said, laughing.

The ban has also rendered obsolete Gritty McDuff's $60,000 ventilation system, purchased after the state banned smoking at restaurants in 1999 so the bar and grill could continue to allow smoking in one section, he said.

Some smokers said they think the ban will go largely unenforced. Most, however, said they think bars in Portland will adhere to the ban.

"I'm trying to live it up until Thursday," said Brown, 21, as he smoked a Lucky Strike cigarette.

The smoking ban means that virtually all public workplaces in Maine, barring a few exceptions, do not allow smoking indoors. Private clubs such as the Elks may only allow smoking if they close their halls to the public and have no paid employees, or if they close their halls to non-members and all of their employees agree to allow smoking indoors.

Questions remain about who will enforce the ban after it goes into effect.

Portland Police Chief Michael Chitwood says he has received "no direction from the state" as to how his officers should enforce the ban.

The state eliminated the Bureau of Liquor Enforcement in June. The department used to make sure bars and convenience stores didn't sell alcohol to minors, so local police departments have already picked up those duties. The smoking ban adds another regulatory duty to the agendas of local police, he says.

"It's not a priority," Chitwood said. "I don't have the manpower to deal with it all."

Although it seems it will take time to figure out the best way to enforce the ban, the law has teeth.

The state will assess a fine of $100 per offense to smokers and bar owners caught breaking the law, according to Dr. Dora Anne Mills, director of the state Bureau of Health. Mills says bar owners may also be fined for failing to post signs informing patrons of the ban and that liquor licenses may be suspended or revoked after repeated violations.

Local police, the Bureau of Health and the Attorney General's Office have enforcement powers, Mills says, adding that the bureau has set up a Web site and toll-free number (www.tobaccofreemaine.com; 800-560-5269) where bar patrons and employees may report violations of the ban anonymously.

California became the first state to ban smoking in bars when it put a stop to lighting up in taverns and restaurants in 1998. A restaurant-only version of the smoking ban took effect in Maine in September 1999.

Supporters of the law tout the ban's health benefits, as fewer bar patrons and employees will be exposed to second-hand smoke. Mills says the ban may also convince smokers to fire up fewer times while out on the town, and minors to stop associating smoking with recreational drinking.

Opponents of the ban, however, say the financial impact on bars that cater to those who want a cigarette with a drink will be fierce.

Tracy Knight, owner of the Loose Moose Saloon in Gray, owned a bar in Whittier, Calif., when smoking was banned there in 1998. Knight says although she hopes to see no decline in revenue, she expects a 30 percent drop in sales after Thursday.

"I dealt with it in California," she said. "My customers say, 'We'll just stay home and drink a six-pack there.' "

Knight and an association of mostly bar owners have fought the ban since it was passed last summer.

The group tried to gather enough signatures to force a "people's veto" referendum on the legislation, which would have taken place in June 2004, but was unable to meet a tight deadline. It is now trying to gather enough signatures to force a referendum to repeal the ban in November 2004.

That may be too late for a small number of struggling bars and their employees, Knight says.

"The majority of bar owners are struggling anyway - people don't have a lot of expendable income in today's economy. . . . A fourth of the businesses I talked to (during the referendum campaign) were just hanging on."

Staff Writer Elbert Aull can be contacted at 791-6335 or at: eaull@pressherald.com

Smoking ban will go into effect soon

PORTLAND (AP) -- Time is running out for smokers who enjoy lighting up in Maine's bars and pool halls.

The state's ban on smoking in those establishments is due to go into effect at midnight on New Year's Eve.

Bars and patrons caught violating the ban face a fine of $100 per offense. But don't expect law enforcement officials to attempt to snuff out the cigarettes at the stroke of midnight.

The governor's spokesman, Lee Umphrey, says police are too busy on New Years Eve to worry about people smoking in bars. He says that for practical reasons, the ban will begin later on New Year's Day.

Gov. Baldacci signed the law in June, making Maine the fifth state to ban smoking in bars and pool halls.

Gov. Baldacci - (D)

article here

OUTING GOES UP IN SMOKE: Clair Landry of Lewiston has a cup of coffee with her cigarette at Del’s Bar and Grille in Lewiston on Friday. Landry said she would probably not patronize the establishment after the smoking ban takes effect Jan 1. -- Daryn Slover/Sun Journal

If everything went strictly by the books, bartenders and cocktail waitresses would remove ashtrays from every table and countertop at exactly midnight on Jan. 1.

As soon as the countdown to 2004 ended, bouncers and bar owners would send anyone with a lit cigarette into the cold.

The clinking of champagne glasses, couples in the middle of their first kiss and the blowing of party horns would be interrupted as employees at clubs and taverns where smoking is still allowed made this announcement:

“Under Maine law, smoking is no longer permitted in this establishment. Please put down your cigarettes or step outside.”

In this case, however, everything isn’t expected to go strictly by the books.

A new Maine law that bans smoking in all bars and pool halls is scheduled to take effect on Jan. 1.

Technically, that means midnight.

State and local public safety officials said they do not expect enforcement to begin until the following day, though.

Police are too busy on New Year’s Eve to worry about people smoking in bars, said Lee Umphrey, a spokesman for Gov. John Baldacci.

“It would be crazy to expect cops to do that on top of everything else,” Umphrey said.

Lewiston Deputy Chief Mike Bussiere agreed that it would be hard to make the new law a priority on New Year’s Eve, but he does plan to tell his officers to begin spreading the word as they check on local bars.

“It’s often a busy night for us, and we have more important laws to enforce,” Bussiere said. “But we’ll start getting the word to bar owners, reminding them to the get word out to their patrons.”

Baldacci signed the law in June, making Maine the fifth state to ban smoking in bars and pool halls.

Supporters of the measure said it will protect bartenders, waiters, waitresses and other non-smoking patrons from secondhand smoke.

Opponents described it as simply another attempt to strip smokers of their rights, and they argued that people should be able to decide whether they want to work or hang out at places where people smoke.

Del LeBlanc, the owner of Del’s Bar and Grille in Lewiston, opposes the new law because she is afraid that fights and other problems will take place on the sidewalk as people go out to smoke.

LeBlanc, along with most bar owners, is staying open until 2 a.m. on Jan. 1, and she is relieved that she won’t have to worry about clearing ashtrays and throwing smokers outside in the middle of the celebration.

“That would be tough,” she said.

lchmelecki@sunjournal.com

Article Here

Law to snuff smoking

ROCKLAND - When the New Year arrives, so will another ban on smoking.

In 2002, Gov. John Baldacci signed into law LD 1346, designed to to "protect workers from secondhand smoke and to promote worker safety." The bill extends the 1999 law that banned smoking in restaurants. It prohibits smoking in bars, taverns and pool halls as of Thursday.

Local bar owners and managers say the law will have some effect on business, however, many support the new law.

"I am for it, actually," said Todd Mank, manager of The Bog in Waldoboro. "It makes for a cleaner environment for everybody."

Jim Beaulieu, owner of the Time Out Pub in Rockland, also said he thinks the law is a good idea.

"I'm looking forward to it," he said. "It puts all the restaurants and bar owners in the same boat. If nobody can smoke anywhere, I think it's great."

Mike Smallidge, part owner of The Black Bull Tavern on Main Street in Rockland, said he likes the idea, but there are flaws.

"I think it's going to be good for everybody," Smallidge said. "What I don't like is that the state has screwed up again. They've left a way for people to go have cocktails and smoke at the same time and it's going to be very discriminatory to some of us and fortunate to others."

If an establishment has outdoor seating, smoking is still allowed, he explained.

(In Northern MAINE? I think not!)

"In the wintertime, it won't be a big issue for us, but in the summertime, there are a few places here in town that will have a huge advantage over the rest of us," Smallidge said. "I think that is where the adverse effect is going to come in."

Smallidge said he has spoken with local legislators and two co-sponsors of the bill about the inequities. "We're hoping that they are going to pass an amendment that will include everybody and make it even," he said.

Many bar owners agree that the law might slow their business down at first, but they expect it will rebound.

"People are going to get restless and not going to want to have house parties every weekend," Beaulieu said.

Beaulieu added the new law could actually help his business because some customers choose not to come in because it is smoky. The bar has experimented with a smoke-free atmosphere. On Mondays, the pub has its Monday Night Blues shows, which are smoke-free. Beaulieu said people have not complained, they have just gone outside to smoke.

The Waterworks Pub on Lindsey Street, Rockland, also has experimented with a smoke-free atmosphere. The bar has been smoke-free for more than a year.

"It's negative in the beginning but people learn how to deal with it," said Rich Ruggiero, manager of the pub's brewery. The outdoor seating area at the pub helped ease the transition, he said.

The law has raised concerns about people smoking outside of establishments.

Smallidge said he does not believe there will be any altercations outside of the Black Bull because of his clientele.

"I don't think it's a good thing, but I don't think there will be a whole lot of issues," he said. "I don't know how good it's going to look aesthetically."

Enforcement of the law is another question on bar owners' minds but it will be a shared responsibility, according to John Archard, the tobacco control coordinator for the state's Attorney General's office.

"Any law enforcement organization can enforce it," Archard said. "(The Attorney General's office) will be cooperating with the Department of Human Services, and the people at liquor licensing in the Department of Public Safety."

Alfred Ockenfels, Rockland's chief of police, said much like liquor enforcement, the responsibility will fall on the police's shoulders. However, he said restaurant and bar owners will do much of the enforcing themselves.

According to Ockenfels, smoking in a bar would be considered a civil violation and a summons and fine could be issued. Either the person smoking, the bar owner or both parties could be held accountable for the offense under the new law, Archard said. The fine is $100 per offense, he said.

"We will look at each situation individually and assess that," Archard said. "Certainly a bar owner who was cooperating to enforce the law would be less likely to be cited for a violation than someone who was openly encouraging smoking in their establishment."

The other penalty that bar owners could face is a citation for an illegality against their liquor license, Archard said. Loss of liquor license is a possibility, he said.

"Time will tell how hard it is to enforce," Beaulieu said.

While the law blankets most places, it will still permit smoking in designated smoking areas in off-track betting facilities and commercial racetracks that simulcast races from other locations. Children under the age 18 will be prohibited from these designated smoking areas.

Kelly Michaud can be reached at Kelly@SteppinOutMaine.com.

JOHN ARCHARD IS CHOKING MAINE'S ECONOMY!

article here

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