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Time to butt out

by Brad W. Gary<br>Herald Staff Writer
| December 7, 2005 8:00 PM

I-901 smoking ban takes effect tomorrow

COLUMBIA BASIN — At American Legion Post 209 Tuesday, assistant manager Becky Hill points out that nearly three-quarters of the patrons are currently smoking.

That will have to stop tomorrow when the bar on West Broadway Avenue is going to have to butt out, along with thousands of bars, bowling alleys and casinos around the state. Hill already has regulars telling her they won't be coming in after the bar goes smoke-free. She is concerned the veterans who she said do not have anyplace else to go during the day will sit at home instead.

"The bottom line is, we have to abide by the law, we don't have a choice," Hill said, "but it is going to hurt us severely."

Not all bar owners feel the smoking ban will impact them as severely as Hill, but all are gearing up for the ban, going into effect after voters statewide approved Initiative 901 by a hefty margin Nov. 8. The initiative was the only one on the ballot this November to receive majority support from every county in the state. I-901 expands a ban on public smoking to include schools, bars, taverns, bowling alleys, skating rinks, casinos reception areas and at least 75 percent of the rooms in hotels and motels.

The ban in bars and other establishments will be an enforcement issue for the Grant County Health District, and director Peggy Grigg said the local health district is working with others throughout the state to develop a unified response statewide. The Grant County Health District is also working to educate local businesses about the ban, and Grigg said the health district sent out information on the initiative with letters to food establishments with new business permits.

This week smokers are also going to be prohibited from smoking within 25 feet of doorways and ventilation openings of places of employment and buildings open to the public. Hill doesn't have 25 feet around her facility to comply, and has concerns about the health of her older clientele smoking outside the building.

"Half these guys can barely make it from the parking lot," Hill said, "If they stand outside they're going to freeze to death."

The law doesn't impact smokers walking by a door or window on a public sidewalk.

For the first offense, many smokers and establishments will receive a warning, but after that $100 smoking violation tickets and business license violations could be issued. Law enforcement is responsible for issuing infractions to individuals and the health district will be responsible for enforcement of owners and operators of businesses and places of employment. The Moses Lake Police Department will enforce the ban on a complaint driven basis, and issue the $100 infraction where it is appropriate.

At the Sand Bar on West Broadway Avenue, owner Travis Laibl doesn't think his loss as business will be as severe. Laibl has already been working with the health district to allow smoking in the beer garden adjacent to his bar, and said the amount of space where people can smoke is the only thing in debate. Laibl could get an exemption for much of his beer garden because the entrance to the garden is not a primary entrance or exit to the building.

Laibl put the beer garden in this fall to have outside entertainment, but also because he knew the laws were on their way to changing.

"I just saw it was happening," Laibl said. "I'm not going to say I'm a fortune seer, but it doesn't take too much writing on the wall to see that we're going to go smoke-free."

Laibl believes he will lose patrons over the smoking ban, but feels the non-smoking atmosphere could bring new customers into the bar. Laibl feels his outside beer garden will keep him from losing more business than others in the area.

Bruce Russell doesn't yet have a place in his establishment for patrons to go, but has plans to provide that area as soon as the weather allows. Russell is one of the owners of the Lake Bowl and Papa's Casino in Moses Lake, and said his bowling alley was primarily non-smoking except during league bowling events. His casino, however, continues to allow smoking, and he is concerned about the impact the ban will have on business in the casino and bar.

"Unfortunately, I just think it's unnecessary," he said, "This is my business, this is my choice."

Russell had hoped the legislature would have passed a less radical approach to ban smoking in establishments where anyone under 18 is allowed.

Russell did get a letter in the mail from the health district about enforcement of the ban, but believes neither they nor his business are prepared to fully enforce the ban.

"No one can prepare in 30 days," Russell said. "For right now I'm just going to have to ask people to leave."