Clearing the haze for diners

Idaho restaurants went smoke-free on July 1, a change supported by Tom Robb, owner of the Iron Horse Bar & Grill.

But he thinks his bar patrons should still be able to light up, even though a doorway connects the Coeur d’Alene restaurant and bar. The law allows smoking in Idaho bars, but only if the bar is completely walled off from an adjoining restaurant. That presents a challenge for the Iron Horse, and numerous other bar-restaurant combinations that share hallways and restroom facilities, Robb said.

Robb told regulators at a hearing Wednesday night that the new law is too strict. “What the Legislature has created is a possible exodus of my customers to another bar,” he said.

To be in compliance, the Ironhorse would have to ban smoking in the bar during the hours that minors are present in the restaurant. Such a move would be devastating to business, Robb said.

“Our bar patrons would say, ‘Well, the Iron Horse is down on smoking, let’s go to Chillers,’ ” Robb said. “…That isn’t fair.”

Though the law took effect last month, the state Department of Health and Welfare is still writing enforcement rules. Wednesday’s meeting in Coeur d’Alene, attended by about a dozen people, was the second of six around the state.

Two nurses and a former waitress spoke in favor of the smoking ban. Others, like Robb, supported the intent of the law, but raised specific concerns.

Jerry Thompson, owner of Sergeants in Hayden Lake, said French doors separate his restaurant area from his bar. He also installed a $30,000 ventilation system. That should be sufficient to address concerns about secondhand smoke, he said.

“We’re doing our very best to comply with the law,” he said. “We’re trying to accommodate both smokers and nonsmokers.”

State Sen. John Goedde, R-Coeur d’Alene, encourages regulators to use common sense in writing rules.

State Rep. Dick Harwood, R-St. Maries, said he voted against the bill.

“I felt it was a private property issue,” he said. “Restaurant and bar owners should be able to bring in the customers they want.”

But Joanna Adams, a nurse from Coeur d’Alene, said she’s pleased she doesn’t have to worry anymore about secondhand smoke when she takes her grandkids out to eat. In the past, “My eyes have watered because of the smoke that came from the bar,” she said.

Violations of the new law can result in a $50 fine for smokers, and a $100 fine for restaurant owners.

Tom Shanahan, spokesman for the Idaho Department of Health and Welfare, said he doesn’t know of a single ticket issued anywhere in the state to date.

Several restaurants in Boise have begun calling themselves private clubs, in an effort to circumvent the new rules. Private clubs, such as the Elks and the Eagles, are exempt from the smoking ban.

“We’re not legal experts, but I think a judge would rule against it,” Shanahan said. “It goes against the intent of the law.”

At Cricket’s Steakhouse & Oyster Bar in Coeur d’Alene, general manager Mark Porath has embraced the new law.

Cricket’s restaurant and bar are both nonsmoking when the restaurant is open. At 10 p.m., when the restaurant closes, bar patrons can light up.

“People have come up and thanked me for making the change,” said Porath, who was not at Wedensday’s hearing. “I wish we had done it sooner. We talked about it many times, but we were afraid of losing the clientele that smoked.”

Food sales have increased in the bar since the non-smoking rules went into effect. Porath said smokers don’t seem to mind stepping outside for a cigarette.

Over the years, he has seen a rise in what he calls “adamant” nonsmokers. “Any hint of smoke and they’ll leave,” he said.

Nationally, the percentage of the adult population that smokes has been declining since 1965, when 42 percent lit up on a regular basis. In Idaho, about 21 percent of the adult population smokes.