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Cigarette ban stifling to some
Categories:
· Tobacco control
International:
· USA
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Source:Commercial Appeal,2007-12-25
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When Tennessee's new anti-smoking law went into effect Oct. 1, the Dish restaurant in Cooper-Young banned anyone from lighting up.
Six weeks later, Dish reversed course, taking advantage of an exemption in the law that allows smoking if restaurants restrict entry to those 21 and over. The reason for their change: a decline of as much as $10,000 in revenue over the same period last year.
"Before this smoking law went into effect, we had a fair number of people who came every day of the week. When that law went into effect, they found other places to go where they could smoke," Dish manager Audra Evans said. "For us, it makes a lot more sense to keep our business afloat."
That complaint of an unlevel playing field is being echoed by other restaurants in the Memphis area, many of whom say they're losing money and customers because they've banned smoking while others have taken advantage of the exemption.
"The main complaint is (from no-smoking) restaurants that, after 10-ish, sort of turn into a bar scene. They're seeing a dramatic loss," said Wight Boggs, head of the Memphis Restaurant Association. All but a handful of its restaurant members are now nonsmoking. "Here in Memphis, there's been a lot of complaining about it."
Thomas Boggs, Wight's husband and the head of the Huey's chain, said revenues at some of his seven area locations are down significantly.
"It's slammed the hell out of me in Downtown and Cordova," Boggs said. "I bet you it's costing me 10 to 15 percent. You're talking $10,000 to $15,000 a month, and it could be as high as $20,000."
Although you might expect the places that have continued to allow smoking to see a revenue gain, that doesn't seem to be the case. Several owners said their business has remained steady, despite going 21-and-over.
"To be honest with you, I don't think it's hurt us, but I don't think it's helped us either," Kudzu's owner Steve Edmundson said. "I haven't seen any new customers come in from bars that cut out smoking."
Added Blue Monkey owner Mike Johnson: "We've held our own. We haven't really seen a huge jump. Our business has been strong, but it's always strong."
Unfortunately for people like Evans and Boggs, that exemption to the law isn't likely to change anytime soon, legislators said.
"I think what we'll do is let this settle for the next couple of years to see how this thing works," said Sen. Jim Tracy, R-Shelbyville, one of the new law's main sponsors. "But I think we'll give this an opportunity to see how it shakes out."
Tennessee Restaurant Association president Ronnie Hart said he plans to petition the state legislature to remove the 21-and-over exemption at its next session in January.
"It is unlevel. We were opposed to that, and we will continue to be opposed to that. We're going to try to get that removed as an exemption in this coming session," he said.
Still, Hart isn't optimistic that change will come soon, knowing that opposition to changing the law exists.
"That's not going to stop us from trying," Hart said. "We're going to try and go back to getting that removed, because it is unfair."
Hart said he'd also heard rumblings that some would not only like to keep the exemption, but lower the age requirement.
"We already hear that there are people who want to take (it from) 21 to 18. We're opposed to that. Where it's going to go, we don't know," he said.
Tracy said that, if the 21-and-over exemption wasn't included, the bill likely would have failed to pass, joining many previous attempts at banning smoking statewide.
"I don't think we had enough votes to get it passed (otherwise)," he said. "That's about the only way we could get it passed last year. But we know that it's not perfect."
Local health departments and the state Department of Labor are charged with enforcing the law, and they are spending their energy in the first months educating restaurants and the public instead of cracking down.
Thirteen complaints have reached the Labor Department from the Memphis area, said Milissa Reierson, communications director.
- Jody Callahan: 529-6531
OK to smoke
Of the estimated 200 restaurants represented by the Memphis Restaurant Association, 15 have said they still allow smoking:
Blue Monkey
Blues City Cafe
Celtic Crossing
Club 152
Cockeyed Camel
Dish
EP Delta Kitchen and Bar
Flying Saucer
Gibson Lounge
Kudzu's
Le Chardonnay
Murphy's
Robilio's Sidecar Cafe
Willie Moffatt's
Windjammer |
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