Smoke 'Em If Ya Got 'Em

published in Shinbone Magazine, October 2008, http://www.shinbone.net/

Smoking cigarettes while watching your favorite bands perform at a bar or music venue in Pennsylvania is now a thing of the past. As of September 11, the Pennsylvania Clean Indoor Air Act (CIAA) banned smoking in all public places.

Governor Ed Rendell signed the CIAA into law on June 13. According to a press release from the Office of the Governor, the act will "protect Pennsylvanians from the deadly health effects of secondhand smoke by prohibiting smoking in most public places."

A public place, as defined by the CIAA, is "an enclosed area which serves as a workplace, commercial establishment, or an area where the public is invited or permitted."

The CIAA gives many examples of public places: schools, restaurants, bars, healthcare facilities, vehicles used for mass transportation, child or adult daycare facilities, sports facilities, recreational facilities, theater establishments and nightclubs.
Although when signed into law, the CIAA allowed establishments a "90 day phase-in period to allow for necessary changes to come in to compliance with the new law," most Pa. bar owners say they were not notified of the CIAA. "We were given no notice," said Bob Snyder, owner of the Peppermint Lounge in Sunbury.

Like most laws, the CIAA is not as clear-cut as it may seem. Exceptions can be made to allow smoking under certain circumstances. It allows two exceptions for drinking establishments.

For the first exception, the CIAA states that the establishment must have a valid restaurant liquor license or an eating place retail dispenser license, have an annual total of food sales less than or equal to 20% of the combined gross sales, prohibit individuals under the age of 18 years of age at any time or for any reason, and post signs stating that smoking is permitted.

The second exception applies to restaurants which have an enclosed bar area. Besides meeting the requirements above, the bar area must be a physically connected or adjacent enclosed area which is separate from the eating area and must have a separate air ventilation system and a separate outside entrance.

Drinking establishments which want to be considered for an exception must apply for one through the Pa. Department of Health and wait for approval.

Reactions to the ban have been mixed. The Crocodile Rock Café in Allentown supports the ban. The popular music venue "decided to become smoke free." They feel that it "is the right thing to do" and also urge other business owners to do the same.

Another bar and live music venue, Harry's Grille in Bloomsburg, went smoke free and hasn't experienced any problems. Kat Yanis, assistant manager, explains that "business hasn't been affected and we are still getting the same crowd." Those who do smoke and go to the bar are "taking it in stride" and are "smoking outdoors."

Outsiders, a Wilkes Barre based bar which features bands on weekends, explains that bands seem "to be okay with the ban." Outsiders is fortunate because they have an outside patio and an upstairs deck to accommodate bands and customers who smoke "in between sets."

Outsiders also doesn't see "patrons going to another establishment because of the smoking" and the ban is a "minor inconvenience to pay when you want to be where the action is or where your favorite band is playing."

Skip Horn, owner of The Sterling Hotel in Allentown, believes the smoking ban is the best of both worlds. The weekend after the smoking ban took effect, 200 people attended a show at the venue and only three people complained, one being a staff member.
Horn also pointed out that some vocalists are pleased with the statewide ban. He says that having a smoke free venue doesn't "infringe upon the vocalist's need for clean air" and allows them to sound better and be more professional while on and off stage.

Along with bars and venues, bands and booking agents are also supporting the ban.

The Drama Club discussed the smoking ban at their last practice. Bass player Mike Morgan explains that they "kind of came to the conclusion that this is a good thing in the long run for sanitary reasons and most importantly, people's health."

Morgan also identified a possible problem with not being able to smoke in a bar: "the smoke bone is connected to the beer bone and we are guessing that this may hurt the draw at shows" but hope that these people "will eventually quit."

Mike Mollo, who runs the booking agency BLAM Music in Central Pa., believes that whether or not bands smoke, "if you need a smoke to be good" at a show "you need rehearsal or a new job."

"More great performers would be with us today or would have lived longer had they not smoked," said Mollo.

Almost two years ago, the city of Philadelphia banned smoking in most public places. Dennis Berger, a resident of the city, believes the smoking ban was beneficial to his social life.

In regards to the statewide ban, from his experience Berger explains "the biggest change will be the lack of smoke, not the lack of business or lack of enjoyment. As a non-smoker, the ban has made bars and shows more enjoyable. I no longer come home reeking of cigarettes which I have not smoked."

Although the smoking ban has many supporters it also has many people debating how far the government can go in telling them what to do and what not to do with their own bodies.

Bob Snyder, owner of the Peppermint Lounge in Sunbury, believes that the American government is "taking away our freedoms one at a time" and that our "founding fathers are probably rolling in their graves."

The Peppermint Lounge is complying with the law but may file for an exception. Snyder feels that he may lose business because the "majority" of his customers are smokers and there are many private clubs in the same city that can allow smoking to members.

For the time being, Snyder is fortunate enough to have a sidewalk café permit and can allow smokers to take their drinks with them outside on the sidewalk.

Jim Fetzer, president of Fetzer Music Management, believes that "if a band is told they aren't allowed to smoke at the venue" it may mean that they will "be on their bus or tour vehicle more rather then socializing with their fans."

Fetzer, as a booking agent, will also have to consider what bands he books at certain venues depending on "how difficult it is to get outside to smoke." Venues which "have a lot of stairs just to get to the outside to light up" will not be on the top of his list as to where to promote a show.

Jeanie Eschbach, of Milton, will be going out of her way to find venues and bars that have filed and been approved for exceptions and have a designated smoking area. She explains that "in the upcoming winter months, it will be 'such a drag' to go outside to smoke in the cold."

The Pennsylvania Department of Health's business compliance guide explains that other states are embracing smoking bans.

According to the guide, Reno Trosper, General Manager of Buffalow Wild Wings in Bentonville Arkansas, stated in the Benton County Daily Record in December of 2007 that "there were some people who were annoyed at first and we had to tell some to put out their cigarettes, but by now, it's old hat. Everyone knows the rules and there are no complaints. …Business is as strong as ever."

Like every facet of life, the Pennsylvania CIAA has strong supporters and also a strong opposition. Only time will tell if Pennsylvanians will embrace the smoking ban as other states have