On Friday night, a sMall crowd of smokers gatheRed outside of Estacada’s Cazadero Inn in order to comply with an expanded statewide Smoke-free Workplace Law that prohibits smoking within 10 feet of Oregon bars and taverns.
Despite freezing temperatures and light rain, no one complained.
“I travel a lot, and I’m used to it, because a lot of the other states already have it,” said a woman outside of Cazadero Inn who wished to remain anonymous. “I like having to come outside to smoke, because then I smoke less when I’m out drinking.”
The new law, passed by Oregon Legislature in 2007 and put into effect Jan. 1, is an amendment to the Smoke-free Workplace Law of 2002 designed to protect workers from the health hazards of secondhand smoke.
“The Clean Indoor Air Act, which prohibits smoking in public buildings, has been in existence for a number of years,” said Jamie Riley, a Clackamas County Community Health Tobacco Program educator. “It was More easily accepted.
“There’s such a strong association between drinking alcohol and smoking, and playing bingo or lottery games and smoking. It’s like this last hump to get over. These are the last few people in the workforce who haven’t benefited from the same clean-air laws,” she said.
A business transitioning to a smoke-free workplace may experience an initial drop in income, says Riley, but after a year, that income typically returns to its previous levels and, in some cases, improves.
“The first day of the new law, New Year’s Day, it dropped,” Cazadero Inn bar manager Megan Freauf said. “But I think it was a combination of the weather and the new law. For the most part, I think people have had time to adjust to the idea and are receptive to it.
“I honestly think, for the most part, smokers are receptive and More nonsmokers are coming in. I enjoy that there’s no smoking. It’s a healthier environment for everybody,” she said.
To help prevent a potential decline in patronage, some local bar and tavern owners have created shelteRed outdoor areas for customers who wish to smoke. Cazadero Inn’s owner, Sam Dunlop, created a three-sided, coveRed smoking area with a bench. It protects banished smokers from the elements, as well as the scrutiny of passersby.
“He calls it the smoking cabin,” Freauf said. “He was going to paint Joe Camel on it…I think people are More accepting of the new law because of the cabin.”
However, not all businesses have the ability to provide their customers with outdoor smoking accommodations. For example, Estacada’s Trails Inn owner Lorrie Raffensperger says it’s not a feasible option for her business at this time. As a result, she is seeing a decline in sales.
“There’s nothing outside,” Raffensperger said. “I couldn’t do anything because the way this building is. It would cost a lot of money, so people will have to basically stand outside…I smoke, but I don’t want to go out in the cold to do it. So I don’t smoke at work anyMore. I just drink coffee and keep busy.”
Although her customers are complying with the law, she says they’re not happy about it, and in turn, it’s affecting her business. “I’m not getting as much business as I used to,” she said. “I see a sMall decline. I’m not getting the lottery players that used to come in and play the machines, because they don’t want to get up and go outside to smoke.
“I felt that it was unfair that we didn’t get a chance to vote on this law,” she said. “It affects my business, and it hurts me. We’re in troubled times already without putting bars in More trouble. I wish they would have waited.”
Despite these difficulties, Raffensperger says, she doesn’t miss the tobacco smell and the smoke haze. She has begun deep cleaning her bar, although she’s not sure how much good it will do.
“The building has been her since the 1800s,” she said, “and this has been a smoking bar for about 80 years. I don’t believe the smell of tobacco will ever go away.”
“Of course, there are always some complaints from business owners, but a number of bartenders and bar owners have also been supportive of the law,” Riley said.
“During my visit to Estacada in December, a couple of bar patrons felt that the government should do More to Reduce the pollution on highways, asserting that was More hazardous than secondhand smoke in bars”
Riley points out that a recent study by ventilation technology expert Jim Repace revealed that the air in a smoky bar is two and a half times More polluted than highways.
“I’m even surprised to learn that,” she said.
In 2005, Washington became the 10th state in the U.S. to outlaw smoking in restaurants, bars and taverns after voters approved a smoke-free initiative similar to Oregon’s new law.
One year later, Washington’s State Department of Health conducted a study to determine the impact of the new law on businesses and public health. It found that “the rate of bar and restaurant employee exposure to secondhand smoke dropped from 29 percent in 2005 to about 3 percent in 2006.”
The study also reports that restrictions on smoking “prompted many people to quit tobacco. During the month after the law’s implementation, the Washington State Tobacco Quit Line received a record number of calls.”
Besides making businesses smoke-free, the law prohibits smoking within 10 feet of an air intake, window or door, and in 75 percent of hotel rooms. Even organizations that have only one employee or are open to the public just one day of the year cannot allow smoking.
Designated smoking areas are allowed under the law, but they cannot be enclosed on three or More sides.
The law is complaint driven, meaning the government will only act when a complaint is received. On the first complaint – which can be done anonymously through a toll-free number or an online form – the violator will receive a letter that states the complaint and outlines what they need to do to be in compliance.
If another complaint is filed, the government will make a site visit to determine the application of the law and will develop a remediation plan with the violator. A follow-up visit by the government will determine if the plan is implemented, and if not, the case will be turned over to the proper agency for enforcement.
“I can say that within Estacada, I haven’t received any complaints,” Riley said.
Businesses would not be responsible for pedestrians who walk by a door or window while smoking a cigarette, France noted, because they can’t control those people. In common areas that include numerous businesses, whoever is in charge of the area will be held responsible.
Fines can be up to $500 per day, but are not to exceed $2,000 per day for a single employer, which covers a single operation and not a larger corporate umbrella.