Smoking drifts back into area businesses - Owners complying with law say they are at a disadvantage

But as the co-owner of Arnie's pub on West Market Street, she has found "the right thing" to be a difficult proposition in the face of Ohio's new smoking law.

Approved by voters in November, the law banned smoking as of Dec. 7 in virtually all enclosed public places, including restaurants, bars, bowling alleys and bingo parlors. However, the law contained no rules of enforcement.

So while smoking in public places is against the law in Ohio, there's no one to enforce the law.

And until the enforcement rules are in place, the Ohio Department of Health has agreed not to issue warning letters or fines against businesses breaking the law.

"Other establishments took that to mean no punishment, no harm," Arn said. "They're letting their customers smoke. We understand the law is that there's no smoking, so we're not allowing smoking. We're trying to comply with the law."

But that decision has come at a cost.

Business at the West Akron bar was down 50 percent last weekend, compared to the same time last year.

"This is supposed to be our busiest month," she said. "It puts us in a difficult position -- break the law or have a serious decline in our business, or worse."

Nick Jabbour, manager of the Double Olive in Akron's Merriman Valley, understands Arn's dilemma. He faced it himself and decided he would be putting his business at a disadvantage if he didn't relent sometime over the weekend and let customers smoke.

"We had people leaving, saying, 'We can smoke in that bar over there.' " Jabbour said.

Bars in Akron's Merriman Valley are ignoring the ban.

Smokers were free to light up at the Bourbon Street in the Valley on Monday night. Customer Bobby Rufo said that as a social smoker who enjoys smoking when he drinks, he's pleased that "my favorite places that I frequent haven't enforced the ban."

Things were different at Jillian's in downtown Akron, where the Cigar Lounge has become nothing more than a namesake.

"We got rid of all the ashtrays, but will continue to sell cigarettes for those who smoke outside," said supervisor Ryan Keyster. "But the Cigar Lounge is just a name. We're enforcing the new law."

Just next door at Brubaker's Pub on Monday night, a trio of parties had halos of smoke over them. Dirty ashtrays provided evidence that others had smoked inside, too. The manager declined to comment.

Enforcement delayed

The enforcement issue has led to confusion. Some people think the smoking ban has been put on hold. Some think that smoking will still be allowed in bars even after enforcement is in place. Both thoughts are wrong.

"The law in Ohio, based on a vote of the people, is that smoking is banned in Ohio," said Jacob Evans, spokesman for the Ohio Licensed Beverage Association. "As a bar owner or restaurant owner, what they should be doing is banning smoking, putting up the signs that say 'No smoking'... and removing all ashtrays."

The beverage association was instrumental in getting the Ohio Department of Health to delay warning letters and fines until enforcement rules are in place. By law, the health department has until June 7 to finalize enforcement procedures, though spokesman Kristopher Weiss said the hope is that rules will be in place sooner.

"We applaud everyone who is following the law," Weiss said, "and the vast majority of people are. This is not a grace period. The people who are following the law are doing the absolute right thing."

Struggling to comply

From a business owner's perspective, though, the law is doing the exact opposite of what it was supposed to do, which was to create a level field on which all businesses would play.

"Frankly, I'm very upset with the state," said Dave Glenny, owner of Bricco's restaurant and bar downtown, which is remaining smoke-free. "It's one thing to know that you can't do anything about (enforcing the law). It's another to publicly state it," essentially encouraging businesses to ignore it.

For the law to work, he said, "it needs to be the same for everyone."

At the Sto-Kent Family Entertainment bowling alley in Stow, owner Ed Gazdacko said the lack of enforcement "has created havoc." He's hanging tough and obeying the law, he said, while smoking customers lament to him that they can smoke at competing alleys.

Gazdacko said he knows of one bowling alley that is letting patrons smoke in a bar area, but not near lanes. Another is not putting ashtrays out, but is not objecting when customers smoke.

It's not unusual to see a flurry of businesses trying to ignore bans in the beginning, said SmokeFreeOhio spokeswoman Shelly Kiser. She's unaware, though, of any state with a lag in enforcement like Ohio is experiencing.

'Doing the right thing'

For now, Arn and her husband, Steve, plan to keep Arnie's smoke-free.

She's heard people say nonsmoking customers will be taking the place of smoking customers, but she hasn't seen that.

"They're not coming out," she said. "There's no smoking at my place and nobody's here. I don't know how long we're going to be able to keep it up. We are hemorrhaging money.

"It's extraordinarily tempting to put the ashtrays back out."

But then that notion of "doing the right thing" comes back into play.

"I have a 9-year-old daughter who is ecstatic that Arnie's is smoke-free," Arn said. "How do I look at her and tell her it's OK to break the law? Do I say, 'Oh, in this case, honey, it's OK to break the law?' "

"We're going to do our best to stick with it."