Mayor Dave Cieslewicz’s Smoking Ordinance Implementation Team discussed Wednesday the challenges taverns may face when the smoking ban is enacted July 1. The group analyzed the early stages of enforcement necessary and the launching of a public education campaign.
Chief of Staff Janet Piraino said although the team is made up of tavern owners and city officials with many differing opinions, those who may be against the smoking ban should put their opinions aside.
“This is not about making changes or altering the law,” Piraino said. “It’s to everyone’s benefit to make this a smooth transition.”
According to Marsh Shapiro, elected chair of the committee and owner of the Nitty Gritty Restaurant and Bar, it will be difficult for the ban to immediately begin in full force. A transition period is necessary for success of the ordinance, he added.
“In the infancy of the implementation, there has to be warnings,” Ald. Mike Verveer, District 4, said, adding that tickets for violating the law should not be issued immediately.
David Wiganowsky, owner of Wiggie’s on the East Side, said he is concerned if a patron smokes in a bar, the owner of the tavern, who is enforcing the no-smoking rule, will be ticketed.
“The bar owners are kicking and screaming,” Wiganowsky said. “But the problem really lies with the customers and if they will obey [the ordinance].”
Larry Schmock, owner of five local bars including the State Bar and Grill and Blue Velvet Lounge, said he questions how owners will deal with customers who may hide a cigarette underneath the table or smoke in the bathroom.
“Seventy to 80 percent of the people that go into these establishments smoke,” Schmock said. “You can’t hire people to sit in the bathroom.”
According to Verveer, both the smoker and the owner of the tavern can be penalized, but police and health department officers would be able to use much discretion. Owners of establishments who have constant complaints are most likely to be fined, Verveer said, adding the ordinance calls for increased penalties for each subsequent penalty an individual receives.
“They could cite either the owner or the smoker or both,” Verveer said. “I don’t foresee many tickets being issued.”
Assistant City Attorney Marci Paulson said the Madison Police Department or the city’s Public Health Department would be able to write citations. If a complaint is filed against an establishment, the health department will investigate the matter.
According to committee member Lt. Melissa Schiferl of the MPD, the police department does not have the personnel to enforce this law and will not be the main enforcers.
Wiganowsky said he questions how the sale of cigarettes in his bar will impact the patrons. Vending machines selling cigarettes will be illegal once the ordinance is enacted, but cigarettes can be sold behind the bar, according to Tommye Schneider, director of environmental health for the Public Health Department.
Another concern raised at the meeting was whether the smoking ban would apply to outdoor seating at establishments, such as the patio areas at State Street Brats. Ald. Zach Brandon, District 7, said the outdoor patios of taverns were not intended to be part of this ordinance.
According to Brandon, a month and a half after the ordinance begins, there will be a whole new group of patrons moving back into the city.
“When students come back in August, it will be a new law for them and they are not going to understand the law,” Brandon said.
Piraino said despite the issues raised, Madison is not the first community to implement a smoking ban and the committee could learn much from other cities such as New York City.
