Sakonnet cooperates with state smoking ban
July 13, 2005
PORTSMOUTH – Thirty. Perhaps 35 percent. That’s the estimated financial hit Portsmouth’s Island Tap took last March during the inaugural month of Rhode Island’s statewide smoking ban. Owner David Whitmarsh calls himself lucky. With outdoor seating, he hopes the ban will have less of an impact on his business as the weather warms up. And while he said patrons have been fairly cooperative with the new law he wonders how much policing of this legislation his employees are expected to do.
Business owners say it’s little surprise that the state smoking ban has had an effect on business. But they also call the legislation confusing – leaving many to ask who shoulders the burden for enforcing the anti-smoking bill.
“I don’t think they’ve made everything abundantly clear,” Mr. Whitmarsh said.
Mr. Whitmarsh also owns 501 restaurant in Island Park and has been in the business for more than 15 years. Because his father died of cancer, Mr. Witmarsh understands the logic behind the ban, but he would like to see it apply to state gaming facilities (Lincoln Park, Newport Grand), and he wants clarification on how it should be enforced.
“If you’re older and you have your fix, you want to smoke and drink,” Mr. Whitmarsh said.
A statewide transition
The Rhode Island Department of Health expects business owners to maintain smoke-free environments, but that can be easier said than done.
“This law wasn’t really made to regulate outdoor smoking,” said Robert Vanderslice, head of statewide enforcement at the health department.
The state received nearly 100 informal smoking complaints in March and April – 26 of them involved smokers near building entrances.
If a formal complaint is filed, it is forwarded to town solicitors, and a second complaint could generate a $250 fine, which the solicitor would oversee.
“I think most places are obeying the law. We get about three complaints per day,” Mr. Vanderslice said.
Hesaid half the complaints involve bar or restaurant patrons. Only one incident (involving a RIPTA bus driver) has received two formal complaints.
Mr. Vanderslice said his department relies on local authorities to oversee the ban’s enforcement, especially now during the law’s infancy.
Enforcement at the local level
Portsmouth Police Deputy Chief Lance Hebert said the department’s first priority is underage tobacco sales and smoking. Police intervention hasn’t yet been requested to enforce the smoking bill.
“We have not had any reported complaints,” Deputy Chief Hebert said.
While officers won’t loiter outside business entrances with measuring tape, Deputy Chief Hebert said any violations they come across will be dealt with following protocol from the state health department. Formal complaints would be forwarded to the state, but Portsmouth has yet to log one. Neither have Tiverton or Little Compton.
Don’t shoot the messenger
At the once smoky 177 Variety & Coffee Shop in Tiverton, patrons will sometimes walk in with a cigarette out of habit, realize their mistake and retreat outdoors.
“It hurts Keno play a little bit. I think we’ve lost some business there,” said manager Steve Mello.
According to Mr. Mello, the ban has sent some of its regular Keno players elsewhere. He wants legislators to make the law consistent statewide. But in the meantime customers have been understanding and employees of the coffee shop have had to do little policing.
“For the most part people are adjusting. They know it’s coming from the state so there’s no animosity towards us,” Mr. Mello said.
The ban expands
Last week the Rhode Island Senate and House of Representatives each approved a bill that expands the smoking ban to most class C and D liquor licenses. The initial legislation, which took effect March 1, originally allowed extra time for class C and D establishments. But private clubs such as state VFW posts will no longer have until Oct. 1, 2006 to comply. They will join restaurants, bars, theaters and other businesses in prohibiting smoking. With the bill’s expansion the state now leaves just three exemptions to the smoking ban – Lincoln Park, Newport Grand and ‘smoking bars’ which generate at least half of its revenue from the sale of tobacco products.
Where are the complaints?
The Rhode Island Department of Health received nearly 100 informal reports of smoking ban violations during the legislation’s first two months of implementation. Fourteen formal complaints have also been filed statewide. The following indicates where the complaints are originating.
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