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Home / Washington Business - March/April 2004 / Pros & Cons: Washington’s Smoking Regulations Need to Apply Across the Board at the State Level |
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Pros & Cons: Washington’s Smoking Regulations Need to Apply Across the Board at the State Level |
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Written On: March/April 2004 |
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Written By: By Gene Vosberg |
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The latest controversy over the Pierce County smoking ban in restaurants created a lot of headlines, a lawsuit, a flurry of legislative measures, and a threat of a statewide initiative. The Washington Restaurant Association (WRA) believes there is a better way to accommodate public health, protect jobs and preserve the right of business owners to run their businesses.
WRA agrees it is time to update Washington’s laws on indoor smoking. But, we must do so prudently and try to implement measures that will protect public health and not threaten our jobs and businesses.
In 2001, the WRA pushed hard for new restrictions on indoor smoking in restaurants and hospitality businesses. We worked alongside the American Lung Association of Washington, the American Cancer Society, and Attorney General Christine Gregoire to pass new restrictions (SB 5993) through the state Senate with bipartisan support.
Local Laws are the Wrong Answer
Clearly, the wrong approach to this issue is for local governments to act unilaterally in violation of state law.
The Tacoma-Pierce County Board of Health acted on its own to ban smoking in last December. It was declared unconstitutional by a Pierce County Superior Court judge because it directly conflicted with the Washington Clean Indoor Air Act.
But the ban took its toll. In just three days, one restaurant lost more than $27,000. That kind of economic damage is unacceptable and should be avoided.
All of the economic studies show local checkerboard bans are the most damaging to businesses. A hodgepodge of local regulations creates inequities in the marketplace that hurts businesses and causes job losses. Therefore, any solution must be applied consistently statewide.
Priority #1: Protect Minors From
Exposure to Second-hand Smoke
Minors must be protected from second-hand smoke. They are among the most vulnerable. State law already precludes them from using tobacco products and it should also prevent them from entering places where such products are used.
These laws work well for alcohol. Minors are not allowed in taverns, bars and other adult-only areas where alcohol is served. A similar law on smoking would give them the same protections.
In addition, our state can and should do more to educate minors about the dangers of smoking. We must aggressively prevent minors from taking up this habit and WRA stands ready to help.
Priority # 2: Focus on Indoor Air Quality
We must clearly focus on the public health issue of indoor air quality in general. Our customers and staff are most protected when proper ventilation systems are installed and maintained – regardless of whether smoking is allowed in a building.
The WRA supports changing the law to require businesses to ensure that smoke will not drift from smoking to nonsmoking sections, and that air from smoking sections is not re-circulated into the other areas of the business. Just as operators do not allow odors and smoke from our kitchens to drift into dining areas, so tobacco smoke should be forced out of the building.
Priority # 3: Let Adults Make Adult Choices
Smoking is a legal activity for adults and they should have the ability to choose which businesses to patronize. There is no reason why operators cannot accommodate smokers provided the business is protecting minors and has effective ventilation in place.
Some argue that smoking bans improve the economic prospects for all restaurants and hospitality businesses. That argument is highly disputable. Most studies show that smoking bans create winners and losers. Fundamentally, it should be up to the marketplace to determine choice and options, not government.
Some restaurants have great success in shifting away from smoking customers. Others have struggled when they went non-smoking. Just because a concept works for some restaurants, does not indicate that it will work for all restaurants.
Our industry is customer driven, more than most other businesses. Customer demands determine hours of operation, the food we serve, the drinks we offer and whether we allow smoking. Thus, each business owner must constantly monitor customer’s preferences or risk failing altogether.
The marketplace continues to force improvements of indoor air quality. Since the passage of the Washington Clean Indoor Air Act in 1985, the number of non-smoking restaurants has increased dramatically. This trend will only continue as more customers become nonsmokers. Our current system of free enterprise works well. Government should not try to improve upon it with regulations that attempt to control people’s legal behavior and lawful choices.
Gene Vosberg, a former restaurant owner, is president of the Washington Restaurant Association (WRA). WRA was established in 1929 and today, the WRA has more than 4,200 members. Along with a variety of educational, training and business assistance programs, WRA works on public policies which help restaurant owners. WRA supports leveling the playing field on laws and governmental regulations to allow its members to survive and prosper. Key to that is dealing with smoking regulations which do not unfairly penalize them, their employees or their customers.
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