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Butt Out

Area clubs grapple with new statewide smoking ban

By JIM RUNKLE — jrunkle@lockhaven.com
POSTED: September 10, 2008

Article Photos


Area clubs and service organizations are holding a lot of meetings this month - and they are not likely to be in smoke-filled rooms - to discuss how to respond to a new statewide ban on smoking.

From the comments received by The Express in recent days, there's still a lot of confusion about the smoking ban that takes effect Thursday - despite the 90-day "breathing room" period designed to help establishments understand the law and work on the transition.

The biggest impact will be on clubs that use catering or banquets to raise money. Smokers who formerly enjoyed lighting up at those functions might be joining others over the past decade who have found places outside under awnings or at street corners near businesses that have already banned smoking.

Some clubs remain uncertain what impact the laws might have on their organizations.

Tomorrow, the state becomes one of 32 in the United States to forbid smoking in most workplaces and public places, from office buildings to restaurants to sports arenas.

Lawbreakers face fines of up to $250 for a first offense and up to $1,000 for repeat offenders.

The law represented a compromise after a drawn-out battle that pitted opponents of tobacco products against restaurant and tavern owners, among other interested parties.

Unfortunately, like many compromises, this one resulted in a string of complicated exemptions - so much so that business and club owners remain confused about what's allowed.

As it stands, smokers in Pennsylvania will be able to continue lighting up in some hotel rooms, private clubs, casinos, nursing homes and bars where food accounts for no more than 20 percent of annual sales.

State health officials have been working with state restaurant and tavern associations and other groups representing businesses affected by the smoking ban to make sure everyone's clear on what is and isn't allowed.

Also excluded under the statewide ban: private homes and other residences and vehicles, unless they are being used for child-care services; and long-term care facilities, as well as residential facilities used for drug and alcohol rehabilitation and mental-health services.

Hotels would be permitted to allow smoking in up to 25 percent of their rooms.

Smoking would also be allowed in designated outdoor smoking areas at sports or recreation venues.

"We will be addressing at our meeting this week," said Lenny Wensel, administrator of the Loyal order of Moose, 433 E. Clinton St., Lock Haven. "We're smoking now, but we'll track the exemptions. I think a vote will be taken this week. We don't serve meals. We have to call the Department of Health and see what they say, then we'll go from there. Nobody seems to know what the law says ... even the legislators who helped create it."

Louis Slack, secretary for the Masonic Temple on East Main Street in Lock Haven, also said the issue will have to be discussed in a meeting of the Mason's officers.

"We'll go over it," he said. "For at least the last three years, there's been a no-smoking policy in the lodge itself, and we've had signs posted in the lodge. We did that for insurance purposes. Most smokers go to the back alley or sidewalk."

"We just got a letter from the department down in Harrisburg," said William Peck, manager of the Lock Haven VFW on Church Street. "As I understand it, if we're going to have a Halloween or Christmas party for the kids, we have to put the no smoking signs up. We're going down to Lancaster in January to attend a statewide VFW meeting, and we'll vote on the whole thing there. Right now, we can allow smoking, but we have to shut 'er down when the kids come in."

Peck said the VFW does some fundraising events involving food, but does not meet the 20 percent threshold for revenues necessary to require a complete ban on tobacco.

"We went no smoking as of Sept. 1," said Angela Welsh, bar manager of the Sons of Italy Lodge at 1 N. Henderson St. in the city. "It's been a slight drop of business, but once people get used to it, we think it'll go back up."

As time goes on, Welsh believes just about every club will follow the Sons of Italy's lead in adhering to the restrictions, especially after they investigate all the options.

"Pretty much every club's going to be nonsmoking," she predicted. "We only serve food on Fridays, but according to state law ,if you are a club and want to hold fundraisers, you must go non-smoking, or if you stay smoking, you can only do one fundraiser a year."

Given the Son's policies and practices, she said, "There was no choice for us, because we do one fundraiser each month -at least. We donate the use of our banquet room for certain fundraisers. If we decided to continue smoking, we couldn't rent out our banquet hall, and everybody who entered would have to be a member ... It's crazy. We really didn't understand the law and the state didn't make us aware of its impact. We had to do our own research."

The American Legion Post 284 in Avis is reportedly making an attempt to file papers requesting that it be listed among the clubs exempted from the law. The manager wasn't available by press time to confirm that report, however.

The Elks Lodge 182 at 216 E. Main St. in downtown Lock Haven, and Lock Haven Eagles 4298, 10 Bellefonte Ave., Lock Haven, did not return telephone calls made Monday.

Clinton Country Club, Country Club Lane, Mill Hall, has no problem with the new law. The country club, established in 1908, has been a no-smoking establishment since the new ownership took possession of the facility at the end of March, according to a spokesman.

Pizza City owner Ed Blesh said his establishment "really doesn't have a choice" than to abide by the state law when it goes into affect on Thursday.

"There are things you can file with the state health board to get an exemption, but from what I understand, come Thursday, we'll be required to go totally smoke-free," he said of his restaurant that includes a bottle shop at 270 Susquehanna Ave., Lock Haven. "We'll see how it will affect business ... I just don't know."

Blesh said his biggest concern is those coming into his establishment at night for alcoholic drinks.

"People smoke when they drink," he said. "I'm not sure if some places are allowed to smoke and some aren't... we'll just play it by ear and see what happens."

Blesh said he had investigated making a space in his restaurant totally smoke-free, along with installing an air-filtration system and a separate entrance, but that would also mean no one under the age of 18 would be allowed in.

"I don't want to go that route, either. It's a difficult thing to decide what to do," he said. "We're going to go with the law. If it occurs that we have any loss in business, we might decide to do something else."

The Health Department has prepared information packets for businesses to explain the ban. The toll-free hot line for specific questions about the law or complaints about non-compliant businesses is 877-835-9535.

Health officials are counting on the public to report people or places violating the ban.

Smokers' rights groups say such bans amount to government infringement on personal choice, and they question the veracity of reports connecting exposure to second-hand smoke with increased risks of lung cancer, heart disease and other ailments. Some bar and restaurant owners also fear that prohibiting their customers from smoking will hurt their business.

Public health advocates say that smoking bans can curb health care costs, protect the health of bar and restaurant workers and their non-smoking patrons, and provide incentive for smokers to quit.

The Pennsylvania law is unusual because it prevents municipalities and counties from enacting their own stricter rules. Philadelphia's more restrictive smoking ban, the only active local smoking ordinance in the state, was permitted to remain as is.

Gov. Ed Rendell said the law is designed to protect Pennsylvanians from the deadly health effects of second-hand smoke. Many of the proponents pointed to the adverse health impact, especially cancer, as reasons for creating the ban.

The exceptions include a private residence (except those licensed as a child-care facility), a private social function where the site involved is under the control of the sponsor (except where the site is owned, leased, or operated by a state or local government agency) and a wholesale or retail tobacco shop.

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To learn more about this new legislation, visit www.health.state.pa.us, or for help in quitting smoking go to www.determinedtoquit.com or the helpline at 1-800-QUIT-NOW (1-800-784-8669).

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