Compliance with smoking ban up, health officials say

Customers at the Diner on Norman's Main Street can enjoy a cheeseburger, a cup of coffee and, until March 2006, a cigarette. <br><br>That's when a law passed by the Oklahoma Legislature last year

Sunday, March 21st 2004, 12:00 am

By: News On 6

Customers at the Diner on Norman's Main Street can enjoy a cheeseburger, a cup of coffee and, until March 2006, a cigarette.

That's when a law passed by the Oklahoma Legislature last year will take effect, requiring all restaurants in the state to be either entirely smoke free or to provide enclosed and separately vented smoking rooms.

``Until then, we'll smoke,'' said owner Mark Amspacher. ``There just aren't that many places left anymore where you can smoke.''

Although restaurants were given an additional 30 months to comply with the new smoking ban, virtually all indoor workplaces were required to be smoke free last September. Stand-alone bars, bingo halls, veterans' organizations and tobacco stores are exempt.

State Health Commissioner Dr. Mike Crutcher said most facilities across the state appear to be complying with the new regulations. He said about 400 complaints have been lodged with the State Health Department since the ban first went into effect, but almost half of those were in the first month.

``I think all we can gauge right now is how compliance is going with those who are not exempted, and I think it's going very well,'' Crutcher said.

There has been no effort in the Oklahoma Legislature this session to roll back the law.

Crutcher said the health department does not actively enforce compliance with the new ban, but will contact facilities that have been reported. Violation of the law is a misdemeanor carrying a fine of $10 to $100.

``When we get a complaint, we forward that to the facility in an educational mode to get people to comply,'' Crutcher said. ``We're not looking at turning our back on anything, but it takes time for people to understand the law and come along.''

Jack Thornton, the owner of Shawnee Bowl and Tri-City Lanes bowling alley in Seminole, said he was initially opposed to the ban on smoking in bowling alleys. But, he said as long as smokers are allowed a designated room in which to smoke, he hasn't seen too many upset customers.

``There are some smokers who haven't set foot in here since (the ban),'' Thornton said. ``But if they just leave us alone right now the way we are, we'll be happy. As long as we can operate with a smoke room, it's a positive.''

Jim Haynes, owner of '66 Bowl in Oklahoma City, said he spent about $10,000 to build a separately enclosed smoking room for his customers. And while Haynes said he hasn't seen much of an impact on his bowling business, sales in the bowling alley's bar went down 60 percent when he temporarily banned smoking there.

``That's not a small exception financially,'' Haynes said. ``That used to be our biggest moneymaker.''

He has now reopened the bar to smokers by shutting a service window and thereby enclosing the drinking area.

Restaurant owners are now the ones faced with a decision of whether to go entirely smoke free or to create separate smoking rooms. The law requires that any smoking area be separately enclosed and directly exhausted to the outdoors, with none of its exhaust circulated to any nonsmoking area.

Joe Sparks, the owner of Legend's Restaurant in Norman, said he made the decision before the law ever went into effect to make his restaurant smoke free.

``We were committed to that for our own health and safety and for the health of our employees,'' Sparks said.

Although he said a handful of regular customers initially protested the ban, he said the vast majority supported the decision.

``It's like 200 to 1, pro,'' Sparks said. ``People are kind of used to this by now. Smokers, rather than grump about it, know and accept that they have to go outside to smoke.''

Amspacher's customers, however, weren't quite as understanding.

``I polled them when all of this was happening, and they looked at me like I was nuts,'' Amspacher said. ``They said, 'Why would you even ask us that?'''