Breathe Easy, Virginia: Is the Smoking Ban Putting the Chokehold on Local Restaurants?

Issue: February 2010 by in Going Green, Inside The Magazine

Until very recently, it was an all-too-familiar scene: A night out with friends left you red-eyed and smelling like a carton of cigarettes, though you hadn’t been smoking and neither had your friends.

Your favorite restaurant was filled with customers throughout the night and as customers dragged away on their Marlboros, you simply tried to keep the taste of tobacco out of your pan-seared salmon. So how do these two groups, the smoker and the non-smoker, exist cohesively without reverting back to a modified segregation?

That was precisely the question the General Assembly asked when presented with increased public smoking—especially in restaurants. After much debate, the “Breathe Easy, VA” initiative was started, resulting in a statewide smoking ban, effective December 1, 2009, in all public bars and restaurants.

For non-smoking patrons, this came as a breath of fresh air—literally. But what about our local businesses? Has the smoking ban stifled half of the clientele?

For one restaurant in particular, the smoking ban has actually increased traffic. Jimmy Lemon, co-owner of Bulls Steakhouse on Graves Mill Road, has been with Bulls since its inception in 1991 and has seen a noticeable change in patronage since the smoking ban began.

“I’ve noticed we’ve picked up some more regulars who are smokers. The other places they’ve frequented haven’t made accommodations for smokers like we have so they had nowhere to go,” explained Lemon.

Though Bulls had taken measures to separate the smokers from the non-smokers before the ban was enacted, they went a step further to ensure they met the regulations put in place by legislature.

“We already had a separate ventilation system in place. All we had to do was place a glass door between the smoking and non-smoking area,” Lemon said of the adjustments, adding that more ventilation may be put in place in the future. “Once we closed the bar area off, we noticed it gets more smoky during peak times. We’re trying to look out for everyone.”

And part of looking out for everyone includes the competition.

“To be honest, my partner and I both would prefer it if legislation said, ‘No smoking across the board.’ It’s not fair to all the different restaurants to make those changes. We already had something in place—but making those changes can get expensive,” Lemon said.

According to the “Breathe Easy, VA” initiative, smoking in any restaurant in the Commonwealth, as well as the bathrooms within that restaurant is banned, with the exception of:

-          Facilities that prepare or store food to persons of the same business operation

-          Any outdoor area of a restaurant, with or without roof covering

-          Any restaurants located on the premises of a tobacco product manufacturer

-          Any portion of a restaurant that is utilized solely for private functions

-          Any part of a restaurant that is separated from the portion where smoking is prohibited

-          Any private club

Because Bulls blocked off a portion of their restaurant for their smoking patrons, they can remain a smoking facility. Other restaurants, like the Neighbors Place, have constructed temporary covering on their outdoor seating area to keep smokers warm and dry from weather conditions.

“We were a bit ahead of the smoking ban when we went non-smoking on Easter of 2008,” explained Neighbors Place Assistant General Manager, Lauren McQuillan. “When we made that transition, we lost a few patrons. From that point, we’ve made a few adjustments.”

As with Bulls, adjustments paid off with Neighbors as they invested in a secondary outdoor space for their smoking customers.

“We constructed a separate canvas space where people can come and smoke comfortably. We have TVs and heating and air in the outdoor space. Since that construction, we’ve seen an increase in patronage,” McQuillan said.

For restaurants that are struggling to make ends meet, taking a cue from Neighbors Place may be the way to go. While constructing a canvas outdoor space still isn’t cheap, restaurants won’t be faced with losing customers.

While it would seem that the smoking ban would choke restaurants’ bottom lines, it seems to have had a minimal effect, if any, on productivity. While the accommodation of all customers is an important issue, your health is even more vital. Consider your well-being and that of those around you when you find yourself craving your next cigarette. Think of the short and long-term effects of smoking and ask yourself, “Is it really worth it?”

For more information about the “Breathe Easy, VA” initiative, visit http://www.vdh.state.va.us/breatheeasy.  If you are currently a smoker who would like to quit, find helpful tips and advice at http://www.smokefree.gov.

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