New law snuffs out smoking

By Christi Landry THE DAILY IBERIAN
Published/Last Modified on Saturday, December 30, 2006 8:15 PM CST

When the clock strikes 12 midnight later today, it will mark the beginning of a new year and the beginning of the end of smoking in public indoor spaces.

Monday will be the first day that Senate Bill No. 105, or the Louisiana Clean Indoor Air Act, will take effect. The act, which was passed in the legislature's regular session this year, prohibits smoking in indoor areas.

The bill reads: "The legislature finds and determines that it is in the best interest of the people of the state to protect nonsmokers from involuntary exposure to environmental tobacco smoke in most indoor areas open to the public ..."

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Some restaurant owners and staff find the law a welcome one, while others say it will take some adjusting to get used to.

Elaine Buteau, manager of Landry's Seafood and Steakhouse, said the restaurant did have a smoking section, but smoking was not allowed every night.

"We do at lunch and weeknights but on Fridays and Saturdays, we have a Cajun band," she said Friday, two days before the state-mandated ban takes effect.

Buteau said on the band nights, the smoking area is utilized by the band. If smokers would like to light up, they must go to the bar area.

"Some days, we don't have any and some days, if we're really busy or have a large group coming in, they can smoke in the bar, which only has three tables. If the tables are full, they can go outside," she said.

While the smoking law will put a crimp in some smoking diners' plans, she said there is still a place for them to go.

"We do have some people that smoke inside but we'll have to send them outside," she said.

Although it may inconvenience some customers, Buteau thinks the new smoking law will not have an adverse effect on the restaurant's business.

"I don't think so because its going to effect every restaurant. I don't think it could hurt us," she said.

Clementine Dining and Spirits is prepared to accept the new law. In fact, Manager Sarah Peltier embraces it.

"We're looking forward to it because we have enough space on our patio and courtyard for smokers," she said.

The restaurant has posted signs to alert patrons to the new law. Peltier said she thinks it won't affect the restaurant's business.

"It's give and take on both sides. It will balance out quickly," she said.

In Franklin, Forest Restaurant owner Al Kuhlman said he has researched the law and he thinks it will make it harder for his restaurant to compete against places that are exempt under the law.

According the act, several places will not prohibit indoor smoking including gaming operations.

"The disadvantage to small business owners who are paying taxes is we will no longer be able to compete with the truck stops and casinos," Kuhlman said. "We'll lose (customers) to other places such as truck stops and casinos because those places are exempt."

The Forest had already made accommodations to separate smoking areas from non-smoking areas prior to the law's passage.

"I went to non-smoking in my dining room six or eight months ago. Even though I had a non-smoking section, we still had the same air conditioning system. So the non-smokers were still affected by it but not much," he said. "My bar is toward the back, in the middle of the building. The people who like to smoke go and smoke and eat. Under the new law, they can't do that."

Ironically, Kuhlman falls on both sides of the law. In the Best Western Forest Motor Inn he also owns, there is a bar in the lobby that does not serve food and allows smoking. That establishment will not be affected by the law.

"My hotel lobby has a bar in there. It has an AG license and they smoke in there. Because there's no food, patrons can go in there and smoke and play video poker. I fall on both sides because it's two different buildings and two liquor licenses. Hopefully people will still be coming here and will go over there to smoke," he said.

"All our smokers have accepted the fact that they have to go outside. It's almost like an airplane. You can't even go into the bathroom. We thought we had a good thing going," Kuhlman said.

"Now, a lot of patrons between the salad and food will have to go and take a puff and come back and eat. It's going to be an inconvenience to get up and go smoke outside during a meal. They are going to have to learn that for about an hour, they have to wait."

For a full list of places affected and not affected by the new law, visit www.legis.state.la.us to download the law in it's entirety.

At a glance

In addition to restaurants, Senate Bill No. 105, or the Louisiana Clean Indoor Air Act, will prohibit smoking in a number of public enclosed spaces including:

  • Public meetings, buildings, offices, shops and elevators.

  • Buses, trains and other forms of public transportation.

  • Shopping malls, retail and grocery stores and arcades.

  • Libraries, theaters, concert halls, etc.

  • Child care facilities.

  • Restroom, lobbies, reception areas, hallways and other common use areas.

  • Public and non-public schools and other educational and vocational institutions

    Places where smoking is not prohibited include:

  • Private homes, residences and automobiles.

  • Limousines under private hire and hotel rooms designated for smoking.

  • Any retail tobacco business or tobacco bar and bars.

  • Any airport smoking concession.
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