Bar owners prepare for smoking ban
March 29, 2004
Associated Press
HARTFORD, Conn. -- Owners of small bars and cafes are waving white flags this week as they reluctantly begin implementing a new state law that bans smoking in their establishments.
The law takes effect on Thursday. Earlier this month smokers and bar owners pleaded with lawmakers to exempt one-room bars and establishments that have separate smoking rooms or high-tech air filtration systems.
It was to no avail, and now owners are stuck wondering how they can enforce a ban that they say will ultimately hurt their businesses.
"All I know is from what I read in the newspapers," said David Taylor Jr., owner of the Spigot Cafe in Hartford since 1971. He said he hasn't received anything regarding the ban from the state departments of public health or consumer protection, or from his local police department.
"I want to obey the law, but I don't know what I'm supposed to do or not do," he said.
As of April 1 bars with cafe or tavern permits will be required to post signs saying smoking is prohibited in their establishments by state law. Failure to post a sign is punishable by a fine of up to $99.
"Yeah, well, I'm just not going to enforce it at my bar," said Tony DeLibero, owner of Tony D's Cafe in Fairfield. "Ninety percent of the people who come into this place smoke. It's part of the bar business.
"And to tell you the truth, I don't think they're really going to enforce it here in Connecticut," he added.
Local police departments are already on the case, and bars and cafes that have repeated violations risk losing their liquor permits, said Sen. Christopher Murphy, D-Southington, one of the architects of the legislation.
"Any permit is tied to their (owners') continued enforcement of all Connecticut laws," Murphy said. "It can be revoked at any time."
Murphy called the new bill a "worker protection law." He said it protects the health and lives of the waiters, bartenders and other restaurant workers who labor in enclosed, smoky environments for long hours.
Connecticut anti-smoking advocates cite a new Massachusetts study that found a reduction of airborne carcinogen levels by 90 percent to 95 percent in bars after a smoking ban took effect there in May. The study compared air quality tests in six Boston bars before the ban and six months after. It was conducted by James Hyde, an associate professor at Tufts University School of Medicine.
"In the long run, I'm sure the smoke has affected my health and I've been bartending for 14 years," said Tom Plefka, a bartender at Coach's Sport's Bar and Grille in Hartford who supports the bill. "That's a long time to be around smoke."
Smokers argue that bartenders and waitresses should find different occupations if they don't want to be around smoke.
"It's part of the job and you know it when you take that job," said Regina Leonard, a Spigot regular who has smoked on and off for about 25 years. "I don't mind (a ban) in restaurants, but if I'm out at a bar getting drinks I want to be able to smoke."
A few establishments are exempt from the law, including private clubs with liquor permits as of May 1 and tobacco bars. Smoking in outside seating that has a ceiling or another type of covering is prohibited, but uncovered patios can have a small, designated smoking section.
That's enticement enough for Bruce Harowicz, owner of Tom's Cafe in Plainville, who is planning to build a patio in May just to accommodate his customers who smoke.
"I'll go out of business if I don't," he said.
Smaller bars that can't afford to build patios are likely to feel an economic impact, said Simon Flynn, president and CEO of the Connecticut Restaurant Association. Flynn said restaurants, which were hit by a smoking ban in October, lost a tremendous amount of business to the cafes over the winter.
"The one thing I do worry about is losing business to the outside cafes," said Taylor, the owner of the Spigot. "I can see that happening. If I was younger I would probably say 'Yeah, I have to do it. I have to make changes.' But I've been around too long now."
