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Sunday Focus: Enforcement clouds smoking ban
Posted Dec 27, 2008
BILL GAITHER/The Register-Mail By SUSAN KAUFMAN The Register-Mail
How are violators prosecuted? Should bar owners, employees be cited?
Nearly one year after Smoke Free Illinois was enacted, questions remain about who will enforce the ban, how violators will be prosecuted and whether bar owners, employees or smoking patrons should be cited.
Monday, Dec. 22, 2008, marked a historic day in Knox County, at least where one law is concerned.

The first two people in the county were cited for smoking in public places — a smoker caught in the act by an officer conducting a bar check at PZ’s Place, formerly Mac’s Place, 2320 Grand Ave., and an employee at Harley’s Pub, 2243 Grand Ave., who permitted a patron to smoke in the bar.

Both women who were cited Monday told police they knew about the smoking ban but believed it was unenforceable. They are not alone.

Nearly one year after Smoke Free Illinois was enacted, questions still remain about who will enforce the ban, how violators will be prosecuted and whether bar owners, employees or smoking patrons should be cited.

Galesburg Police Chief David Christensen said he consulted with officials from Knox County State’s Attorney’s office who in turn consulted with the Illinois Attorney General’s office about enforcement. “According to the Attorney General, we have the go-ahead to issue citations to violators of the law,” Christensen said. “Police in all but one county in Illinois may enforce the law.”

In an October 2008 decision in Bureau County, a judge determined circuit courts had no jurisdiction to handle violations of the law. The judge then dismissed a case against a man cited for violating the smoking ban. However, the law has been successfully upheld in other circuit courts in Illinois.

Confusion abounds

Part of the problem is vague language in the act about how the law should be enforced. But police and health department officials are hoping amendments clarifying the language of the act will be approved sometime in early 2009.

“Clearly there were flaws in the act concerning enforcement,” said Knox Count Health Department administrator Greg Chance. “But much of that language has been clarified to eliminate confusion.” The amended act was sent to the Rules Committee of the Illinois General Assembly and needs to be voted on by the Senate.

If the Senate approves the legislation, local health departments and law enforcement agencies would shoulder the responsibility of enforcing the ban. The amended bill also clarifies the judicial and appeals process for the violators of the act.

Smoking complaints

The Illinois Department of Health does not track the number of violations or how often it is enforced. It does track complaints.

Statewide, the Illinois Department of Public Health has received 5,294 complaints as of Dec. 13. Spokesperson Melaney Arnold said however, that figure may be misleading.

“It really doesn’t paint a complete picture,” Arnold said. “These are only complaints that have been made through our Web site and our toll-free number.” Those calls are then referred to law enforcement officials in the appropriate jurisdictions.

The Knox County Health Department has followed up on 19 valid complaints so far. “These are complaints filed through the official complaint system,” Chance explained. Some complaints without the appropriate information or those left anonymously are not investigated by the health department.

Wil Hayes, Knox County Health Department director of environmental health, said about 20 anonymous complaints have been received but often a valid complaint about the same establishment will come in at the same time. “So many times, those anonymous complaints end up being investigated anyway,” Hayes said.

If health department officials find the complaint is valid, someone in the department makes contact with the establishment in question with either a phone call or in person. The business owner is given an explanation of the law and advised of the penalties.

If the health department receives a second complaint about the same establishment, someone will conduct an inspection to attempt to determine compliance. The business also will be notified in writing of the complaint.

On a third complaint, the matter is referred to the Galesburg Police or Knox County Sheriff’s Department.

Christensen said even if the law was more clear about enforcement, his department still has not had many situations that warrant a citation. “Our experience is people have been self-compliant,” Christensen said. “But we are prepared to enforce the law as warranted.” The GPD has only been contacted to investigate about four complaints.

Knox County Sheriff David Clague said the county has only been requested to follow up on three or four complaints during 2008. “If the proposed amendment passes, we could be looking at more,” Clague said. Like Christensen, Clague thinks smokers are policing themselves by-and-large and law enforcement has not been necessary in most cases.

Economic impact

Dave Goethals has owned The Shady Hill Tavern on Monmouth Boulevard for 25 years. Like many other business owners, it is difficult to determine if loss of business is due to the smoking ban, the struggling economy or a combination of several factors. But one thing is certain, business is down in many taverns.

“I am allowed to sell cigarettes from a machine here that are labeled with warnings,” Goethals complained. “I should be able to put up a sign that says ‘I have a smoking establishment. Enter at your own risk.’ I’m not a restaurant. I don’t have children come in. I’m a bar. Give us a choice.”

It feels like a one-two punch for Goethals whose tavern was a popular destination for Maytag and Butler workers before those factories closed. “Times are hard enough as it is. Now I’ve got smokers that are constantly going in and out and that is raising my power bills.”

“The law has so much gray area,” Goethals said. “As the law stands now, it hasn’t even been written.”

Brenda Lytle, bartender at RPM Bar and Grill, 2035 Grand Ave., said the smoking ban has hurt her employer. “I would guess it caused a 40 percent decrease in business,” she said. Many smokers choose to stay home rather than go to a tavern for a drink, especially in winter months. “We stand outside in rain, snow and bad weather for a smoke now,” said Lytle, herself a smoker. “It is just easier to stay home.”

Prosecuting offenders

Police may have the authority to issue citations but whether or not the two women cited Monday will actually be fined is still up in the air.

“We can’t comment specifically on those two cases yet,” said Knox County Assistant State’s Attorney Eric Gibson. “But we will meet with local law enforcement agencies and health department officials in the next 10 to 14 days to discuss enforcement.”

Gibson said he is not yet sure how his office will handle these cases. “It is not a done deal. We should know more in the next couple weeks.”

The cited women are scheduled for court appearances in late January, if the states attorney’s office decides they have the authority to prosecute. Even if they do, Gibson was not sure if the complaints would be administrative or how much the women would be fined if found guilty.

Even with the many questions and confusion surrounding the law, its passing in 2008 has created a new culture, according to Chance. “We still have some challenges out there,” Chance said. “But the act was good. We know lung cancer is a significant issue in Knox County. Smoke Free Illinois is appropriate public policy.”

To Report a Violation
- Call the Knox County Health Department, 344-2224 Wil Hayes, Greg Chance
- Call (866) 973-4646
- Log on to www.smoke-free.illinois.gov
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Area establishments defy indoor smoking ban
Amendment would allow authorities to issue citations
December 27, 2008
By CYNTHIA M. ELLIS The Telegraph
photo-Roper's Regal Beagle in Godfrey is one of the local bars that have built outdoor seating areas and covered patios to accommodate smoking patrons since the Illinois Smoke Free Act went into effect on Jan. 1.
EDITOR'S NOTE: This is the first of two parts about area compliance with the Illinois Smoke Free Act and its consequences.
The Illinois Smoke Free Act may have put an end to smoking inside public places earlier this year, but some people continue to light up despite the law.
As business owners and smokers adjust to the new law, some agree that it has produced positive results, while others are upset because some have blatantly disregarded it.
Like speakeasies during Prohibition, the area now has "smokeasies." Almost every town has a bar or two where people know they can go to smoke without being told to extinguish it.
On any given night, a smoky haze fills the Ten Pin in Alton. Patrons gather near the bar in this small establishment on Broadway and puff away as if the Smoke Free Act doesn't exist.
During the day, patrons usually step outside for a puff, but after 9 p.m., they throw caution to the wind and eagerly light up inside.
"I'm going to smoke in here as long as they let me," one woman said.
Health officials said most people are adhering to the law, but nonetheless, there are those who are continuing to break it.
Melaney Arnold, spokeswoman for the Illinois Department of Public Health, said that as of Dec. 15, the agency had received 5,294 complaints through its Web site, www.smoke-freeillinois.gov, and by the toll-free number, (866) 973-4646. She said the number of complaints received is only a partial account because the public also can register complaints with any state-certified public health department or law enforcement agency.
Arnold said once a complaint is made, the information is given to the health department, which in turn sends a letter to the business' owner.
"We really are seeing a lot of compliance," Arnold said.
Bethalto Mayor Steve Bryant said he has heard of no problems in the village during the past six months. He said there were a few problems in the beginning; however, the establishments were notified by police that if the behavior didn't cease, there would be further repercussions.
Bryant said that if the village received a second complaint, police were directed to issue a citation to the violators. Even though many believe the state law is toothless, Bryant said, "The law is the law."
In November, two Joliet bar patrons were fined and sentenced to court supervision after a jury convicted them of violating the Smoke Free Act. The Will County Health Department's Tobacco Control and Prevention program and Joliet police caught the patrons during random compliance checks.
The patrons, the first to be convicted in the state for the offense, were fined $231 each and placed on six months of supervision. Another three bar patrons also were cited and are facing bench trials set for February.
A Will County official said unannounced compliance checks are undertaken once the health department receives three public complaints alleging violations.
In Madison County, 334 complaints were filed as of Dec. 22; however, the actual number of establishments where smoking is alleged to have taken place is about 132, said Mary Cooper, environmental health services manager with the Madison County Health Department
"Several of the establishments have received multiple complaints," Cooper said.
The top five Madison County communities in complaints received are Alton, 47; Granite City, 40; Godfrey, 20; Wood River, 17; and Collinsville, 15.
The number of complaints filed in Macoupin County is exceedingly low, compared to its southern neighbor.
"We've only had 30 complaints filed," said David Hopper, Macoupin County's tobacco program coordinator. "We've been really fortunate when it comes to compliance."
Hopper said once a letter was sent to the business for an alleged violation, there typically were no more problems. He said that 23 of the complaints were received on the state's hotline and the remaining came directly to the county.
The number of complaints received in other counties were Jersey, 27; Calhoun, nine; and Greene, eight.
Cooper said enforcement is difficult because there is no "bite" in the law.
"All we can do is send a letter," she said.
However, she said that could change if the county or municipalities were to adopt ordinances preventing the action.
There is an amendment being proposed to Senate Bill 2707, the Smoke Free Act, to change the enforcement section of the law. The proposed amendment states that the IDPH "shall afford a violator the opportunity to pay the fine without objection or to contest the citation in accordance with the Illinois Administrative Procedure Act."
Arnold said the proposed amendment would allow for citations to be issued, similar to traffic citations.
Several River Bend hotspots - Roper's Regal Beagle, Fast Eddie's Bon-Air and Sports Tap Bar and Grill - went above and beyond to accommodate smoking patrons by building outdoor seating areas and covered patios. Others simply have followed the law.
"We really haven't had any problems with the ban," said Tim Palermo, manager of Chico's Lounge in Wood River.
But Palermo acknowledged it's hard for him to make a comparison because he didn't work at the bar and grill prior to the ban.
"The previous owner closed the place on New Year's Day," Palermo said. "It didn't open again for another eight months."
The new owners - Tina and Tom Davis and Chris Stanley - reopened the popular bar and grill at 576 S. Sixth St. on Aug. 1.
"The smoking ban has never really affected us," Palermo said. "We've had a few people light up, but when we tell them they can't smoke, they either put out their cigarette or go outside to finish. Most of the people who light up are from out of state and are here working at ConocoPhillips."
Palermo said the longtime patrons who returned to the bar have respected the new owners and the law.
"The only real problem we have is with cigarette butts," he said. "I've heard there are other places out there allowing people to smoke, and that makes it hard on those who follow the rule."
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South Side man is found fatally shot after leaving bar
Tribune staff report
October 14, 2008
A 56-year-old man was shot to death Sunday night after leaving a bar in Chicago's West Englewood neighborhood to smoke, police said.
Officers were called to the 5700 block of South Ashland Avenue about 10:30 p.m. after the man's body was found in the street. He had been shot in the head, police said.
Authorities identified the victim as Bruce Peebles of the 7900 block of South Parnell Avenue.
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Smoking covered up funny bar smell

CHICAGO, July 26, 2008 (UPI) -- A scent scientist says as communities require smoke-free public places, that funny smell that lingers after the smoke clears, or "bar funk," is smelly people.

Through a series of scientific tests at a popular Chicago bar/restaurant, Dr. Alan Hirsch, founder of the Smell & Taste Treatment and Research Foundation in Chicago, discovered that while the odor of cigarette smoke is gone, equally offensive odors that were previously hidden have surfaced.

The tests showed that bar patrons were a major cause of the stink. Sweat was one of the top odor contributors to the "bar funk" and in addition to armpit odor, smells from patrons' backs, heads and abdomens were also potent.

While these tests were conducted in only one bar, the results could shed light on why other smoke-free establishments are also experiencing "bar funk," Hirsch said.

Using scientific odor-gauging instruments, Hirsch performed an "ambient odor concentration" test to quantify how bad the smoke-free bar smelled.

Based on ambient odor intensity levels -- 60 being most smelly and zero being least smelly -- a smoke-free bar was found to have a 50, compared to a swine production site at 60, an animal rescue facility at 30, a men's room at 15, or industrial site at seven.
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CLICK HERE TO ACCESS PRINTOUT PETITION
Smoking Ban Rebuttal Petition to Illinois General Assembly
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