The Smoke Police Update
Authorities respond to violations of smoking ban
12/1/2005
By ALLISON McCRAVE
Despite some residents’ complaints made to both Mayor Scott Avedisian’s office and the Warwick Police alleging some local restaurants and taverns aren’t as smoke free as they are required to be by law, the Rhode Island Department of Health is encouraged by the progress made statewide since March.
The Smokefree Public Place and Workplace Law was signed by Governor Donald Carcieri on June 29, 2004 and went into effect on March 1, 2005. Rhode Island was the seventh state in the nation to adopt this kind of legislation.
The purpose of the law was to create a healthier and safer working environment for employees and to protect those in public places who do not wish to be exposed to the dangers of secondhand smoke.
A sign must be posted in all public places clearly stating that smoking is not allowed. Employers may provide employees with an outdoor smoking area, but this area must be clearly separated from the workplace, according to the legislation.
However, some Warwick residents claim there are local businesses choosing to not enforce this new law. Avedisian acknowledged yesterday he has received calls from concerned residents, and recently a Warwick business owner sent an anonymous letter to his office voicing similar concerns.
Police Chief Colonel Stephen McCartney said that his department would look into a complaint mentioned in the correspondence, but authorities could only do so much due to the anonymous nature of the letter.
“The problem is that according to state law initial complaints are supposed to be issued to the Department of Health,” McCartney said. “The fact that the individual has remained anonymous makes it difficult.”
Bob Vanderslice from the Department of Health said they’ve received 233 complaints since the law was passed. At least 55 of those were followed up with formal first notices of violation issued to businesses or employers, 17 that later accounted for second notices regarding the offense.
“We’ll get a first complaint and notify the business or employer,” said Vanderslice. “If we get a second complaint we are required by law to forward it to town or city solicitors.”
The police department does not become officially involved unless the solicitors ask them for help with their investigation, Vanderslice explained, adding that 44 of the complaints the Department of Health received were in regard to people smoking outside of a building.
“The law says if a crowd is smoking so close to the doorway that smoke is blowing inside, that is a violation,” he said.
Overall, Vanderslice is pleased with the results he has seen throughout Rhode Island since the law went into effect.
“I think it’s been excellent,” said Vanderslice. “Back in March when this first came out everyone was a little worried. We didn’t quite know what to expect.”
For the most part, he noted, businesses and employers have been cooperative.
Any written complaints regarding violations of this law can be sent to the RI Department of Health, Office of Environmental Health Risk Assessment, 3 Capitol Hill, Room 201, Providence, RI 02908-5097.
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