Crowd airs concerns on details of new law

Some club and bar owners at the forum say they're afraid they'll lose business.
By WILLIAM K. ALCORN
VINDICATOR STAFF WRITER
AUSTINTOWN -- There were more questions than answers Wednesday at the first of three public meetings aimed at informing business owners and individuals about Ohio's new Smoke Free Workplace Act.
But if the standing-room-only crowd at the Austintown Township government building is any indication, there is plenty of interest in finding out how the new law will affect establishments, including manufacturing facilities, private clubs, restaurants, outdoor sports venues and bars.
The next two meetings, conducted by the Mahoning County, Struthers City and Youngstown City health departments in partnership with the Regional Chamber, are at 10:30 a.m. today at Oakhill Renaissance Center, 345 Oakhill Ave., Youngstown; and at 2 p.m. Friday at the Boardman Township building, 8299 Market St., Boardman.
How will law be enforced?
Business owners asked how to enforce the law, since no rules have been developed by the Ohio Department of Health. The ODH has until June 7, 2007, to interpret the act and develop rules to enforce it.
One businesswoman asked how she could monitor smoking by her employees and customers in restrooms. "We can't put in cameras," she said.
Another wanted to know whether she would be held responsible if she tells a customer not to smoke, and he does not comply.
Heather Krause, representing the Mahoning County District Board of Health, suggested keeping a record of the incidents and calling the ODH's information hot line at (866) 559-6446.
Enforcement will be complaint driven, and those who file complaints with ODH can do so anonymously, said Matthew Stefanak, Mahoning County health commissioner. Also, he said once signs have been posted, self-enforcement has been very effective in other states with similar smoking ban laws.
He said a study showed that the smoking ban in enclosed public places in New York City is 93 percent effective, and in Columbus, bars experienced a 7 percent to 8 percent increase in business after a smoking ban there went into effect. Stefanak thinks the transition here will be similarly smooth.
However, Ralph Jordon, owner of the Pink Elephant Lounge, 6135 Mahoning Ave., is not so certain.
Jordon believes he will lose business because of the smoking ban, at least in the short term. Also, he wanted to know, as did other bar owners, how they can enforce the law without trouble, especially after patrons have had a few drinks, or have been there several hours at an event.
"How do I get a customer to not smoke? Who do I call?" Jordon asked.
However, he said he knows he has no choice but to enforce the law. He said his food license depends on passing inspections by the health department, and his liquor license is contingent upon his having a food license.
But, Jordon said enforcement should have waited until the ODH developed the rules. Also, as a practical matter, he said June would have been a better time because it would be easier to get people used to going outside in summer weather rather than in the middle of the winter.
Jennifer Black, representing a Lordstown company that supplies parts to the auto industry, said her company recently built a "smoking hut" for its employees outside the main facility.
Unfortunately, it has a roof and three sides, which means it is not exempt from the new law, which says such an outdoor area with more than two walls is considered a no-smoking area. Black asked whether a wall that has a space between it and the ground is considered a wall under the law.
Other concerns
Private organizations are concerned too, said Charles J. Chetian, representing Fraternal Order of Eagles 3298 in Austintown.
"If the bartender and custodians become volunteers rather than paid employees, would we be exempt? We meet all the rest of the criteria for exemption," Chetian said.
Also of concern to Chetian is how the law affects the Eagles' banquet room, which it rents to nonmembers.
If anyone is employed to cater food or if nonmembers are invited in, it is not exempt, health officials said.
As with Jordon, Chetian is concerned the club would lose business.
"We don't know what to do. But, personally I think we will petition the Legislature for exemption," he said.
alcorn@vindy.com