Tobacco prohibition draws mixed reaction on first day

Clean air advocates celebrated the first day of Lawrence’s smoking ban, breathing deeply in the city’s newly smoke-free restaurants and bars.

“We figured that on such a special day, Lawrence would be a great place to meet,” said Mary Jane Hellebust, director of the Tobacco Free Kansas Coalition, who met with colleagues for lunch Thursday at Free State Brewing Co.

Clean Air Lawrence supporters, from left, Carrie Pohl, Katie Hazelitt and Scott Hazelitt, all of Lawrence, discuss Lawrence's new smoking ban. The group went on a pub crawl shortly after it went into effect July 1, 2004, to show their appreciation of the smoke-free bars and restaurants.

She added: “I can smell the beer now. And I can smell the food. So we’re excited.”

Plans for later: a pub crawl and other outings to establishments where, overnight, smoking became a crime.

Despite visits from the ban backers, lunch business was down at some restaurants, but it was unclear if that was because of the ban or the rainy weather. Business at dinnertime was down slightly, according to an informal survey.

No citations

During daytime business hours, city officials said they had received no complaints and issued no citations on the ban’s first day. By Thursday evening, however, dispatchers at the Lawrence Police Department had received at least two complaints, both from bartenders, about patrons smoking.

“I thought it was a fairly mild entry into the situation, myself,” City Manager Mike Wildgen said.

The city’s smoking ordinance prohibits smoking “in all enclosed facilities within a place of employment without exception.” Violation is a misdemeanor crime; the penalty would be assessed against the business owner, with a $100 fine for the first violation. Smoking is still allowed on the outdoor patios of businesses.

Free State owner Chuck Magerl, a leading opponent of the ban, said business was down Thursday from the same day in 2003, but that it was too early to draw conclusions.

“You need a longer term time frame to say,” he said.

Customers have given mixed responses to the new prohibition, Magerl said.

“It hasn’t really changed anybody’s opinion about the value of the law,” he said.

Bars report lax business

Several bars noticed a change in business Thursday night.

At Louise’s Downtown, 1009 Mass., business was down, and customers stepped outside frequently to smoke, said bartender Adam Marinello.

“I’m pouring out a lot of beers because I think people are leaving,” he said.

While restaurant business hadn’t changed much, people weren’t hanging out at the bars of local restaurants Tanner’s, 1540 Wakarusa Drive, and JB Stouts, 721 Wakarusa Drive.

Kendall Owen, manager of JB Stouts, said he had an empty bar at 8 p.m.

“I haven’t seen any of my regulars,” he said. “I would expect to see at least a dozen right about now.”

At The Replay Lounge, 946 Mass., three people were sitting at the indoor bar at 10 p.m., said bartender Jeff Stolz. Meanwhile, the patio bustled.

Rick Younger is poised to re-open his bar, Rick’s, for business today. After nine weeks without income after a move from 623 Vt., Younger’s revised business plan includes a last-minute “porch” on the sidewalk outside his business at 846 Ill.

Though the porch’s plastic furniture and roping won’t be much initial expense, its cost will continue to build.

“Every time that door opens, the air conditioning’s going out and the heat’s going out, so that costs you more in utilities,” Younger said.

Younger and his friends want to know why the business will be charged smoking-related fines if customers are the ones lighting up.

“Why are you not responsible for your own actions?” said Lawrence resident Monty Shanks. “This is not a 21-and-up day-care center.”

Going outside

One effect of the new law was evident soon after smoking became illegal at midnight Wednesday: Smokers headed outside at bars and clubs to take a puff, then left their spent butts littered across downtown sidewalks.

Maria Martin, director of Downtown Lawrence Inc., said such littering was a concern for her group, which is considering placing cigarette disposal cans along Massachusetts Street.

“That would be so unfortunate,” Martin said. “I know people have emotions to vent … but people are not going to want to come downtown if it’s so badly littered.”

People who want to complain about illegal indoor smoking can call the city at 832-7509. The complaint will be forwarded to Lawrence-Douglas County Fire & Medical, which should respond the next business day.


Staff writer Lindsay Hanson contributed to this story.