Circulated letter causes confusion over smoking ban

American Legion told to stop allowing smoking or face penalties

COLUMBIA BASIN — The Moses Lake American Legion could have lost their business license for allowing customers to continue smoking after a statewide ban took effect.

Many groups believe a loophole exists in the smoking ban, created by Initiative 901 last November, because of a letter circulated to fraternal organizations throughout Grant County.

The letter was informing organizations the recently passed smoking ban does not apply to private, nonprofit agencies and is causing confusion about who the ban applies to.

The letter, dated Dec. 7 from alleged government relations committee state chairman Mark Rosenblum, indicates the ban only applies to private and nonprofit agencies when public events are held and if the organization has non-members working as employees.

The letter goes on to read that if the agency has members with voting rights, the smoking ban becomes a gray area as far as who it applies to.

After receipt of the letter, Moses Lake American Legion assistant manager Becky Hill said other businesses complained about losing business because her club and others were not abiding by the smoking ban. Hill said at her club she noticed maybe a $20 increase per day in sales but nothing enough to put other places out of business.

Within the last couple of days Grant County Health District officials made contact with Hill giving her the option to abide by the new law which went into effect Dec. 8 or risk losing her business license.

"We got told to quit or get nailed so we had to go non-smoking," Hill said.

Rae Nichols, who is aerie secretary with the Ephrata Eagles club, said she talked to Rosenblum after receiving the letter and that he told her the letter was in fact only intended to be circulated to the Elks Club.

Health district environmental health director Jerry Campbell says he also heard from other health officials throughout the state the letter was initially intended to be sent only to the Elks Club. Campbell said there seems to be a general consensus that the letter appears to have been changed, rewritten and then circulated several times to counties throughout the state.

The Herald was unable to reach Rosenblum for comment.

Nichols said she too was under the impression private organizations with voting members were exempt from the smoking ban.

"It should be our choice whether we want to smoke or not," Nichols said.

In a letter from the health district dated Dec. 20, to private clubs and fraternal organizations in Grant County, health officials respond to the circulated letter quoting section three of the newly adopted Initiative "No person may smoke in a public place or in any place of employment."

The smoking ban prohibits smoking in bars, restaurants, bowling alleys, casinos, most hotel rooms and non-tribal businesses currently exempt by the state's Clean Indoor Air Act. It contains a provision for a 25-foot smoke free zone near doorways, windows and ventilation areas.

The health district letter states it will investigate reports of smoking in any establishment open to the public including private clubs.

"I know the American Legion feels they're really special as not just any one can be a member, but they have employees and this initiative applies to them," Campbell said.

Campbell said he is presenting a proposal to the board of health early in 2006 to raise smoking from a blue violation to a red or critical violation. Public forums for comments and questions are held before the board votes on changes.