State Update
Bars letting patrons smoke despite state law banning it
WGN News, November 25, 2009
CHICAGO - Two years ago, The Illinois Smoke Free Act took effect, banning smoking in most public places and striking a blow to smokers and angering many in the hospitality industry.
But smokers are still welcome in some places.
On a recent visit to Crow Bar on Chicago's far Southeast side, roughly half of the patrons there had a cigarette in their hand - including owner Pat Carroll.
Customers, smokers and non, have even started a collection to help pay for the more than $700 in fines.
When the Illinois Smoke Free Act went into effect January 1, 2008, a huge battle was won for the American Lung Association.
"We're seeing that most of the workplaces including bars and restaurants are being compliant with the new state law," said Harold Wimmer, CEO Am. Lung Assoc. Greater Chicago.
But not all.
Not only did our undercover cameras capture smokers in Crow Bar, but in other places throughout the Chicago area.
Within the past two months WGNTV visited establishments on the North side, South side and West side. Violators. Of the smoking ban were found in each.
On a visit to Time Out on 12th in Berwyn the lone patron and the bartender have lit cigarettes in their hands.
A "no smoking" sign greets you as you enter Boem Restaurant on the North side, but last weekend the room was thick with cigarette smoke. Even though WGNTV had no problem entering the bar, the bar's owner said it was a private party and she thought it was exempt from the law. It is not.
If a business is found to have violated the law the fine begins at $250. If an individual is found to violate the law, fines begin at $100. But this is a complaint driven law. If no one complains about smoking in a bar or restaurant authorities don't know about it.
The Illinois Department of Public Health and local health departments are responsible for enforcing the law. Since it took effect, there have been more than 2700 complaints of smoking indoors in the seven-county Chicago area.
But only a fraction of those complaints has lead to fines. Authorities will first send a warning or educational letter. If that's ignored, inspectors are then called out to visit the offending establishment. Only $7700 in total fines issued have been paid so far.
"It's an issue of manpower. There just aren't enough resources to do (follow up)," said Kelly Jakubek of the Illinois Dept of Public Health.
Violating the act is a personal affront to Sabrina Lockett.
"The law is the law," says Lockett, a veteran restaurant employee who suffers from asthma. "It makes me very frustrated."
And as the law stands, violators can't be caught without a complaint.
"We certainly want to work with them, and that they understand the laws" says Harold Wimmer of the American Lung Assoc.
But bar owner Pat Carroll says it's a matter of survival. His bar is steps away from the state line, a smoking State.
"I lose customers to Indiana for smoking I might as well let them smoke," he says. "I'm going to pay the fine anyway."
If you want to file a complaint against an establishment you feel is in violation of the smoking ban, you can call 1-866-973-4646. Read
November 24, 2009
MORNING NEWS POLL: Should overweight college students be required to take a fitness class to graduate?
Yes: 29%
No: 71%
MIDDAY NEWS POLL: Do you research the safety of children's products before you purchase them?
Yes: 36%
No: 64%
NEWS AT NINE POLL: Should the ban on smoking in bars be repealed?
Yes: 65%
No:35 %
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