The owners of Marisco’s Grill and Bar and Bella Lounge don’t need City Hall to ban smoking at their establishments. They did it on their own.

“I saw that there was a niche that wasn’t being filled out there,” said Rob Farha, owner of Bella Lounge. “That’s the idea of competition.”

As a city task force examines the possibility of banning smoking indoors at Lawrence bars and restaurants, the decision of the two businesses raises a question: Can the free market handle the issue without city regulation?

Predictably, there are disagreements, even on the task force.

“Environmental tobacco smoke has proven to be dangerous, not just for customers of a restaurant, but for the workers,” said Judy Keller, director of the American Lung Association of Kansas and a task force member. “If we rely on the free market, it’s going to be a fairly slow course to protect public health.”

But Chuck Magerl, owner of Free State Brewery and a member of the task force, said businesses should be allowed to respond to the market.

“That’s certainly been the opinion of the people in the restaurant industry, is that we respond to the requests of customers and provide them with the environment they are seeking,” Magerl said. “That’s the nature of the American system.”

Mayor David Dunfield in April appointed the task force, saying he wanted to be presented with a range of options based on rules in other cities. He made the decision after Salina earlier this year banned tobacco use in bars and restaurants.

Members of the task force are David Kingsley of GRI Research; Peach Madl of The Sandbar; Scott Hazelitt of GLPM Architects; Dave Hiebert, a Lawrence arts benefactor; Magerl and Keller.

Bella Lounge opened in May at 925 Iowa, after the task force had been appointed. But Farha, who also owns The Wheel — where smoking is allowed — said he wasn’t responding to the political climate. He was trying to attract customers.

“It’s definitely attracting customers,” he said. “Hopefully it’ll work. If it doesn’t, there’s a case of ash trays in the back room.”

Fee Monshizadeh, general manager of Marisco’s, 4821 W. Sixth St., said even smoking customers have been happy with his restaurant’s decisions.

“It’s been really positive,” Monshizadeh said. “It’s been a month, and I’ve not seen anybody come in and walk out because we don’t have a smoking section.”

Monshizadeh and Farha split, however, on whether a smoking ban should be mandated by law.

¢ 6News video: Two businesses not waiting for smoking ban¢ Bar serves up no-smoking policy (5-29-03)¢ Smoking ban in city restaurants weighed (4-19-03)¢ 6News video: Task force to look into smoking ban (4-19-03)¢ Guide lists area restaurants where smoking has been banned (1-29-2003)¢ City not ready to fire up Salina-style smoking ban (1-11-2003)

“I just don’t think there should be any federal or city ordinance,” Farha said. “Let competition decide on its own.”

“I think if we adopt that, it would be a great rule,” Monshizadeh said. “Anybody can go to a restaurant and cope with not smoking for an hour.”

Task force members said they hadn’t formed any recommendations yet. They expect to meet again sometime in late August.