Deerfield passes smoking ban

December 22, 2005
BY RUTH SOLOMON
STAFF WRITER

Despite some 11th hour pleas from a manager at Deerfield's Trax tavern, trustees passed a sweeping village wide smoking ban Monday evening that will take effect March 1.

The ban is so complete, it is easier to say where you can smoke: in your vehicle, on the street, at a tobacco store at Lake-Cook Plaza, in your yard, and, maybe in your home, if you do not have a business or day care operation, that is.

Everywhere else smoking will be banned: all places of employment, stores, restaurants, taverns, and within 25 feet of the entrance to buildings. Smokers will not be able to light up at public gatherings such as the Deerfield Farmers Market, either.

The fines for violating the ordinance will be $25 for the first offense, $50 for the second offense and $100 for the third offense.

Other communities may follow Deerfield's lead in the smoking ban.

The village was able to impose the smoking ban after the repeal of an Illinois law that did not allow municipalities to pass laws that were stricter than the state law. The repeal takes effect Jan. 1.

Poets Corner residents Margie and Earl Stone started their "Smoke Free Deerfield Coalition" soon after Gov. Rod Blagojevich signed into law the bill that repealed those regulations. They then started an educational campaign to trustees and residents on the dangers of second hand smoke.

The process that led to passage of the ordinance Monday night was met with very little opposition in recent months. Only a handful of opponents have voiced concern about the ban.

Only one restaurant representative spoke against the ban Monday, Trax manager Robert Avona. Avona made a plea that the village consider making an exemption for smoking areas of taverns.

"We don't disagree with your ordinance. I am a smoker," Avona said.

But Avona said he could suffer a 20 percent cut in his business. "It's been shown in Highland Park," he said.

And some staff members had already left after learning about the smoking ban, he said.

"Several of our cocktail waitresses have left for areas right next door. We are asking for a little compromise. We will do what it takes to make it smoke-free outside the tavern area," he said.

Avona said he was speaking on behalf of many in the business community. "Everyone is scared," he said.

Already he had heard some customers say they would leave. "We are hearing: I guess I am going to have to go to Highwood. I guess I am going to have to got to Northbrook. I guess I am going to have to go to Lincolnshire," he said.

And those wanting a non-smoking tavern can go to Rhapsody. "People have that choice. But what you are doing is taking away that choice," he said.

After listening to his plea, Mayor Steve Harris told Avona that Trax still had time to apply for an exemption to the ordinance before it goes into effect on March 1.

"It is not the intention of this board to regulate Trax out of business," Harris said, adding the village would take any plea for an exemption for Trax under advisement.

And Doug Graham, a Deerfield resident and president of the American Lung Association, argued with Avona's points. "In reality, you are helping save his life," he told the board.

And he also disagreed that villages will see taverns lose business. Wilmette had two new businesses open since their smoking ban was passed, he said.
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Chicago Suburb Approves Smoking Ban
Smoking Prohibited In Public, Work Places

 Dec 20, 2005

DEERFIELD Village trustees in the northern Chicago suburb of Deerfield have approved a ban on smoking in public and work places.

Trustees unanimously approved the ordinance six-nothing last night. It takes effect Mar. 1.

Trustee William Seiden says restaurants, taverns, offices and public gatherings such as farmers markets, parades and public assemblies will be included in the ban.

The City of Chicago passed a smoking ban for nearly all public places earlier this month that takes effect January 16th. But Chicago's ban gives taverns and bars located inside restaurants until the middle of 2008 to comply.
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Strictest smoke ban in Illinois

By Sara Faiwell
Daily Herald Staff Writer
Posted Saturday, November 26, 2005

Deerfield wants to adopt a smoking ban that would be the strictest in the state.

Lake County health officials hope neighboring towns will jump on board, too.

The Deerfield Smoke Free Air Ordinance would prohibit smoking in public places - including bars and restaurants - places of employment, parks and school grounds in the village.

It also would ban smoking in open-air dining areas and public entrances, meaning it would be unlawful to smoke outdoors within 25 feet from an entrance to a non-smoking area. Violators could be fined $100 or more.

Trustees are expected to approve the ordinance Dec. 19. It would take effect March 1.

"It is my personal belief to make this the strictest in Illinois," Mayor Steve Harris said. "I want us to be the model in the state."

The proposal also would ban smoking in any home-based business where people work or clients visit.

If the ban is approved, Deerfield will be the first Lake County town to take advantage of a new law that gives towns the power to ban smoking.

Highland Park is the only other Lake County town with a smoking ordinance. It was one of 20 towns allowed to regulate smoking before the new legislation because it already had smoking rules on the books.

Highland Park bans smoking at all indoor public areas, but it allows smokers to light up when dining outdoors.

The ban was approved in April, but not without opposition. Restaurant owners and some customers circulated petitions against the ordinance, saying it would hurt local businesses.

In Deerfield, that opposition hasn't surfaced.

At a village board meeting this week, dozens of residents spoke in favor of the ordinance, urging trustees to make it as strict as possible.

Several high schools students also pushed for the new ordinance, saying it will send a strong message to kids that smoking is bad.

One student spoke against the ban, saying it would hurt local businesses.

"Honestly, we haven't had any negative input," said Vicki Case, the executive director of the Deerfield, Bannockburn and Riverwoods Chamber of Commerce.

Franco Farina, the general manager of Trax, a local restaurant and bar in Deerfield, said he is OK with the proposed smoking ban, as long as other towns follow.

"If all the areas around here go smoke-free, then I am fine with it," Farina said. "If it's only Deerfield, I will fight it."

Between 18 and 20 other Illinois towns are "seriously interested" in smoking bans in their municipalities, said Kris Andersen, who heads up the Lake County Health Department's Partnership for a Tobacco Free Lake County.

"Once you start to get the fire going, it seems to open up more doors," she said. "People in the community will see that other towns have done this and will come to their mayor and board."

The Lincolnshire village board had a preliminary discussion about a smoking ban. The issue likely will appear before the village board in January or February.

"I am excited about this," said Deerfield's Mayor Harris. "I hope we can be in the forefront of this sweeping change."

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Deerfield proposes smoking ban

November 24, 2005
BY RUTH SOLOMON
STAFF WRITER

Deerfield Trustees are considering a smoking ban on all public places that would take effect March 1.

The ordinance, which was on the meeting agenda Monday, would ban smoking in all public places, including bars, restaurants, building entrances, office buildings, parks, school grounds, offices and open air dining areas.

Smoking would also be banned within 25 feet of a public entrance unless the individual was just walking by.

The ban would not apply to hotels or motels so long as no more than 20 percent of the rooms were for smokers. It would also not apply to the open areas or faculty parking lots on school grounds that are designated for smokers.

Postcards in favor

Village Manager Bob Franz said the village has received 177 postcards in favor of the ban. He said he has talked with the chamber of commerce, but so far few chamber businesses have commented on the proposal.

Supporters say second hand smoke is a hazard to the health of others, citing increased risk of heart disease, stroke, respiratory disease and lung cancer. They also note the second hand smoke is particularly dangerous to the elderly and to children, to those with cardiovascular disease, and to those with asthma.

Some businesses have reservations while others support the ban.

In an interview last summer, Andrew Wagner, the owner of Kuhn's deli at Deerbrook Mall, said he did not lose any business when he banned smoking in his restaurant.

Franco Farina, the general manager of Trax, this week said he would go along with a ban if other neighboring municipalities do the same.

"If only Deerfield had the strict ordinance, I would be against it. If it were only for Deerfield, it would be a disaster," Farina said.

Trax, which is at 833 Deerfield Road, has a dining area, which is entirely non-smoking, and a bar area, in which smoking is permitted, Farina said.

In Skokie, smoking bans make a distinction when it comes to bars.

On the other hand, Highland Park has a strict ban on all areas of the restaurant, including the bar, Franz said.

Mayor Steve Harris said he wants the strictest ban possible for Deerfield.

Signed into law

In August, Gov. Rod Blagojevich signed a law allowing municipalities to enact stricter smoking bans. The new law repeals a section of the Clean Indoor Air Act that prevents municipalities without pre-existing restrictions to pass measures stricter than those imposed by the state.

When the law takes effect Jan. 1, any municipality will be able to impose a smoking ban stricter than the state's.

The Lake County Health Department is also urging all municipalities, as well as the County, to enact smoking bans. The department is arguing that uniformity would be fairer to all businesses.

Ruth Solomon can be reached at solomon@pioneerlocal.com
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Deerfield woman pushes for smoking ban

September 1, 2005
By J.T. Morand
and Ruth Solomon

Seven years ago, Kuhn's Deli owner Andy Wagner was tired of having his clothes smell like cigarette smoke after putting in a full day of work at his restaurant at Deerbrook Mall.

But even more importantly, his customers were complaining about the smoke.

So Wagner banned smoking.

"I have not lost any business," said Wagner, whose family has owned Kuhn's Deli since 1948.

Wagner's experience may be a comfort to other restaurant owners, who are facing possible smoking bans after Gov. Rod Blagojevich recently signed legislation making it easier for municipalities to enact such ordinances.

The law goes into effect Jan. 1.

The law repealed the part of the Illinois Clean Indoor Act that did not allow most towns to issue smoking bans.

Plea for Deerfield ban

Just five days after the governor signed the new law, Margie Stone, a Poets Corner resident, made a plea at the Aug. 15 Deerfield village board meeting for the trustees to consider the ban. Stone is highly allergic to smoke while her husband, Earl, has a rare type of leukemia, and was told by his physician to stay away from cigarette smoke.

Harris told Stone the trustees would put the item on the agenda for upcoming informal committee of the whole meeting, although it was not listed for discussion at the meeting held Monday.

But Margie is not wasting time. She has just set up a group called "SmokeFree Deerfield" and she and Earl have been distributing brochures at the Metra Train Station, Farmer's Market and to neighbors in Poets Corner, Margie said.

Second hand smoke is a class A carcinogen that is responsible for 3,000 deaths from lung cancer a year, and is associated with such illnesses in children as bronchitis, pneumonia, asthma and ear infections, according to the National Cancer Institute.

In Lake County, about 350 restaurants already ban smoking, said Kristine Anderson, coordinator for the Lake County Health Department's Tobacco Free Lake County

On the north shore, Highland Park enacted a smoking ban at its restaurants that went into effect June 1. An equal number of speakers for and against the ban spoke at an April meeting in which council members discussed the ban before their final vote.

Wilmette's ban went into effect July 1, 2004. Buffalo Grove Park District banned smoking at all its facilities on July 25, including all their parks and community centers.

The Highland Park Economic Development Commission recommended against the ban in contrast to a task force called "Healthy Highland Park," which favored it.

At the April Highland Park city council meeting, Colleen McShane, president of the Illinois Restaurant Association, spoke on behalf of 11 local restaurant owners who asked her to appear. McShane said that the city of Highland Park told her that no complaints had been filed about smoking and that any ban should be voluntary, particularly when 90 percent of the restaurants in the community were smoke free anyway.

But another Highland Park resident, Paul Rubenstein, argued in favor of the ban. "The fact is smoking bans increase business," he told the council.

In Lincolnshire, resident Ivan Lippitz's asthmatic grandson began coughing shortly after someone in a restaurant lit up.

Although the two parties were separated by designated smoking and non-smoking sections, the smoke that wafted to their table was enough to cause the 16-year-old to become uncomfortable. They had to get another table further away.

At least one Lincolnshire trustee said he would support stricter regulations, but would like to see municipalities work together on a regional approach.

Trustee Dan Servi, who said he proposed the board look at stricter regulations two years ago, is nonetheless worried such measures could force restaurants to flee the village. He supports a regional approach that would involve similar restrictions in neighboring municipalities.

He said smoking keeps some people from going to restaurants.

"I know a lot of people in Lincolnshire and outside of Lincolnshire who avoid restaurants because of smoking," he said.

Kathy Drea, director of public policy for the American Lung Association for Illinois and Iowa, said stricter laws are needed to protect the health of restaurant employees as well as customers.

"Everyone deserves a clean safe workplace," she said. "The expectation to breathe clean air at work is no different than expecting to eat and drink clean safe food and water. No one should have to be exposed at work to something that has been proven to increase the risk of heart attacks, stroke, lung cancer, asthma and many other diseases. This is a basic public health issue."

Level field

Some local restaurants said they aren't concerned about possible regulations.

"As long as the playing field is level for everybody," said Dan Sachs, owner of Bin 36 at CityPark. Bin 36 allows smoking only at its bar.

"We find the majority of people don't smoke," Sachs said, adding bars may put up a bigger fight over stricter regulations.

Brian Margulis, co-owner of Flatlander's and Flourchild's at Village Green, said he would be upset if regulations banned smoking from his bar areas, which are in separate rooms from the dining areas.

The restaurants were designed to allow smokers to enjoy tobacco products indoors but away from non-smokers, he said.

"The bar area gives people that option (to smoke)," he said. "Our position is smoking cigarettes is not illegal."

A good business owner, he said, will make changes depending on feedback from their customers.

Listening to feedback

Eric Spizka, general manager of the Champp's at CityPark, said his restaurants did just that by banning cigar and pipe smoking in its restaurants.

"It didn't affect business much," he said.

But Lippitz, a former pipe and cigar smoker, said to him it's a health issue, not an economic one.

Rieda Levin said smoking areas that aren't completely separated by walls are useless.

"Smoking areas are ridiculous," she said. "Smoke travels. There's no way you can escape it."

Highland Park News reporter Kenneth L R. Patchen and Lake County reporter John Roszkowski contributed to this story.
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