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Smoking ban clears the air at some establishments while hurting others

Posted on January 7, 2010 by Staff

By Beth Mechum
Staff Writer

The North Carolina smoking ban, which outlaws lighting up in most bars and restaurants, went into effect Jan. 2.

Given North Carolina’s ties to tobacco, passage of the law took many by surprise, and could have a significant impact on many businesses. But in Carrboro and surrounding towns, it wasn’t a huge step.

Even before the law went into effect, you were more likely to find an establishment in Carrboro that didn’t allow smoking than one that did. And some places, like the Orange County Social Club and the Reservoir, chose to prepare their customers early.

Reservoir went smoke-free in November. “We figured we’ve got to do it in January anyway, might as well do a pre-emptive strike and get everybody prepared,” Lyle Collins, a bartender at Reservoir, said.

Collins said he hadn’t heard many complaints from patrons, and after the first couple of days with no ash trays and a multitude of “no smoking” signs, people got used to the routine of heading outside to light up.

Keith Allen of Allen & Son Bar-B-Q said his restaurant has been non-smoking for years, though he doesn’t necessarily agree with what he considers interference with the rights of smokers.

“[I]f you don’t smoke, you don’t want someone sitting beside you that does smoke,” he said. “But you have a right to leave just like you have a right to smoke. What you have to have is mutual consideration from both sides.”

“For the most part, people seem to enjoy it a little bit better…. They don’t have to have their niceties dry cleaned every time they leave the bar,” Collins said. “The work environment is definitely better.”

Providing a healthier work environment was in fact one of the primary arguments made by sponsors of the bill, which passed in May.

But that’s a sticking point for local business owner Adam Bliss. He’s angry about the bill, and at his local representatives for not exempting his business.

Bliss owns Hookah Bliss, a bar specializing in water pipes used to smoke mostly fruity-flavored tobaccos, on Franklin Street. While a similar business, such as a cigar bar, falls under an exemption from the ban, Hookah Bliss does not.

Bliss fought the ban for months by lobbying the legislature and trying to get help from state Sen. Ellie Kinnaird, who represents Orange County, but said he was disappointed with what he felt was a lack of support.

“They just never really gave me a good answer for why we weren’t exempt,” Bliss said, adding that he thought a more powerful lobbying effort on the part of cigar bars played a role.

He said he has no plans to shut down his business, and plans to accept any fines that come his way.

“We’re going to do business as usual until we get a ticket,” he said, “then we are going to do business until we go to court.”

The Orange County Health Department is responsible for enforcing the ban, and Bliss said he’s been frustrated with department members’ responses to his inquiries.

Orange County Health Director Rosemary Summers said the main goal of enforcement is education, and that it is mostly complaint-driven.

Violators of the ban will be advised on how to follow the letter of the law, and then be given the opportunity to comply, before being fined. After that, businesses could be fined up to $200 a day.

As of Tuesday, four days after the law went into effect, Summers said she hadn’t received any complaints. She also said that if a health department official saw a violation, he or she could work to enforce the law, but there was no intent to seek out violators.

“There’s no health department that has the staff to go out and police, looking actively for violations,” she said.

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