THE PENDULUM

by Allee Bennett, November 10, 2009

Come the new year, Elon students and Alamance County residents will notice there is something less smelly in the air when entering restaurants and bars throughout the state.

North Carolina's new law requires enclosed areas of restaurants and bars to be smoke-free by Jan. 2. The smoking ordinance, passed in May, bans smoking in any establishment where food or drinks are prepared for profit.

Alamance County will see many changes in the food service establishments, with 300 sit-down restaurants and 100 food stands that currently allow smoking in some or all parts of their facilities.

"A lot of restaurant owners wanted to (go smoke-free) before, and now they are more than willing to comply with the law," said Barry Bass, director of the Alamance County Health Department.

Gov. Beverly Perdue encourages businesses and customers to visit the state's new Web site, SmokeFreeNC.gov. Launched by the N.C. Division of Public Health and N.C. Association of Local Health Directors, the site offers resources on the new law and health hazards of smoking.

Last week, Perdue said owners and managers are being notified of the changes. Informational packets are hitting the front doors of businesses across the state explaining the terms of the new law, including the requirement to post no smoking signs at public entrances.

Restaurant and bar owners are responsible for the posting and enforcing of smoke-free environments. Bass said he encourages businesses to post signage and lead in the transition of smoke-free establishments as soon as possible.

"‘There are no smoke police,'" Bass said. "It is the responsibility of the individual businesses to enforce the law."

Many restaurants in the county allow smoking, but those are separated from sit-down dining services.

In Burlington, The Red Bull Tavern and Grille allows smoking in the bar area and outside patios.
"I think it will hurt the bar business, but you will see a lot more restaurants adapting," said Matt Beveridge, a server at the restaurant since it opened two years ago.

Sandy's Subs & Italian Grill on East Haggard Avenue in Elon, a popular establishment for students, will be one restaurant that must adjust to the new law, as will as West End Station.

Sandy's owner Greg Saldanha said he thinks banning smoking will hurt his business. Saldanha opened his restaurant 20 years ago as a non-smoking facility and received some complaints until 10 years ago when he began to allow smoking on the bar side of his establishment.

Sandy's has a smoke-free section, closed off from the bar, that has worked well for both parties.

"People enjoy drinking a cold beer and a smoke," Saldanha said. "It's a tough position to be in."

Saldanha is adding an outside patio for customers by the time the new law takes effect.

"It's a good law for health issues but I want to have a place for my customers to smoke if they like," Saldanha said.

According to the Health Department of Alamance County, there are more than 100 restaurants which are already smoke-free.

Mellow Mushroom, a pizza parlor which opened Monday, does not allow smoking even though the smoking ban does not take effect until January.

"We have decided that not allowing smoking is in the best interest of our patrons," manager Mike Fox said.

According to the new law, local governments may adopt stricter rules than the statewide smoking law. Any enclosed area the public is permitted in the local government may be able to impose rules and fines for local business owners and visitors to comply with.

"As we speak, in the county, there is no more than the basic law that applies now," Bass said.

The Elon Poll, released March 2, found 87 percent of North Carolinians agree that employees have the right to work in a smoke-free environment, while 51 percent were in favor of banning smoking in all restaurants and bars.

"I personally hate smoking, but I think (a) restaurant or privately owned establishment should be allowed to make any choice they want about allowing smoking in their businesses," Elon senior Matt Horowitz said.

The new law does not prohibit smoking in all work environments — but in all restaurants and bars with few exceptions. Cigar bars, private non-profits and country clubs, as well as certain lodging establishments, may be exempt under audit.

"If having the workplace smoke-free is a requirement, I don't think the law would have passed," Bass said.

North Carolina is joining 23 other states and the District of Columbia in requiring smoke-free establishments since the U.S. Surgeon General released a report in 2006 arguing that there is no safe exposure of second-hand smoke and indoor spaces should be smoke-free.

The American Lung Association launched an anti-smoking campaign shortly after The Smoke-Free Air Challenge in hopes to have the country smoke-free by December 2010.

The Lung Association's annual report, State of Tobacco Control, which measures tobacco control by local legislators in 2008, rated North Carolina with a grade of F.

"With large groups of the public in restaurants and hotels, we see that the culture of people in the United States want to be in a smoke-free environment," Bass said.