Restaurant Related News

Restaurateurs Must Send Strong Signals in Debate Over Smoking-Ban Proposals

By: Nation's Restaurant News' Editorial Board
Source: Nation's Restaurant News
Published: February 18, 2002

Where there's smoke, there's usually fire, and once again smoke is in the air.

A Florida coalition called Smoke-Free for Health is attempting to place a measure on the state's November ballot that would seek to eliminate smoking in public places. The group -- which includes 80 non-profit organizations, such as the American Cancer Society and the American Heart Association -- is hoping that by giving Floridians the opportunity to vote on the issue, all smoking would be banned across the state in restaurants and other workplaces. The move to shift the issue to a public forum follows the group's unsuccessful attempts over the last five years to convince the state Legislature to pass a similar ban.

And while the coalition already has collected the half million signatures necessary for bringing the measure to vote in November, it is in the process of collecting 150,000 more, just to make sure.

Meanwhile, an opposing group, called the Committee for Responsible Solutions, also has hunkered down for a fight. Together with tobacco firms Lorillard and R.J. Reynolds, state organizations that include the Florida Restaurant Association, the Florida Hotel & Motel Association and the Florida Petroleum Marketers and Convenience Store Associates are hoping that certain technicalities will keep the initiative out of the voting booths next fall.

The Florida Supreme Court is examining the measure to determine whether the language of the proposition meets the state's requirements concerning accuracy and conciseness. The court was scheduled to have heard arguments pro and con last week, and within the next couple of months it is expected to deliver an opinion on whether the measure can appear on the ballot.

Specifically, the two sides in Florida have squared off on the question of whether or not the smoking issue should be decided in the crucible of popular opinion. Opponents of the ban insist that the Smoke-Free for Health coalition is attempting to sidestep the power of the state Legislature after making little headway in Tallahassee. Smoke-ban advocates, however, contend that legislators are not listening to their constituents and that the majority of voters want to see smoking banned in public places.

But the battle being waged in Florida is in fact just one more engagement in a larger campaign that encompasses cities, counties and states across the nation. Advocacy groups and associations, citing evidence of the dangers of secondhand tobacco smoke, continue to lobby lawmakers aggressively to eliminate smoking in restaurants and other public places. Making the argument that cigarette smoke poses a health risk not only to guests but also to employees, smoking-ban advocates have been fairly successful in restricting smoking in public areas. In fact, smoking in restaurants already has been banned entirely in five states, including California.

Arguments abound supporting one side or the other, making it increasingly difficult to get a true fix on the issue. And the restaurant community, like the population at large, tends to be divided over the smoking debate. Some restaurateurs, whose ranks include several quick-serve chains, are opposed to smoking and have chosen to ban it voluntarily despite the consequences. Others say they would be happy to elimate smoking if it were banned equally across the state in all restaurants and bars, as it was in California.

Many others, however, do not want to be told by the government how best to accommodate their guests. Those operators generally say they're willing to compromise by installing ventilation systems and splitting their restaurants into smoking and non-smoking sections. However, they contend that a total ban would not allow them to serve the needs of all their customers. While some guests would approve, others would be driven away, and, operators argue, business would suffer.

The only incontrovertible fact in the smoking-vs.-nonsmoking debate is that it is not going to end any time soon. And while the smoke may be hanging over Florida today, it's almost certainty that will be drifting toward your municipality or state sometime soon.

Consequently, it's necessary for restaurateurs not only to educate themselves on the issue but to make their voices heard locally as well. Community involvement has been known to sway lawmakers when a clear and persuasive voice is heard. And although state and local associations can attempt to speak for their memberships, it often can be more compelling when the membership chooses for itself.

©2002 Lebhar-Friedman, Inc.