Kanawha smoking ban a success

Kanawha County health officials released figures Tuesday they say prove the success of the county’s year-old indoor smoking ban.

Since the county’s Clean Indoor Air Regulation went into effect on July 1, 2008, county health inspectors have conducted 3,174 smoking inspections in county restaurants, bars, video lottery establishments and at Tri-State Racetrack & Gaming Center, and found 177 smoking violations, according to data compiled by the Kanawha-Charleston Health Department.

During the last three months, 800 inspections were held and only 37 violations found, health officials said.

Dr. Rahul Gupta, Kanawha County’s chief health officer, said the statistics show a 95 percent compliance rate with the smoking ban.

“The numbers speak for themselves,” Gupta said Tuesday. He said most customers and business owners favor the indoor air regulations. Of those who violate the regulation, most have complied after a single visit by health inspectors.

Health officials have taken only three business owners to court.

Kerry “Paco” Ellison, one of the most vocal of bar owners opposed to the smoking ban, was convicted in February of violating the ban for openly allowing patrons to smoke at his bar, the Blackhawk Saloon in Charleston. He was fined $400 plus $300 in court costs. Ellison has appealed the ruling to Kanawha Circuit Court.

Two other bar owners face charges in Kanawha Magistrate Court. Hearing dates are scheduled for July 29 and Sept. 14, Gupta said.

But the numbers tell only part of the story. Gupta said eight full-time and three part-time health inspectors are responsible for keeping tabs on the clean indoor air regulation for the entire county. And not just in bars, but in restaurants and other public establishments.

“That’s added work,” Gupta said. He said health inspectors have done an excellent job enforcing the regulation.
But some critics say there are not enough inspectors around when the smoking ban is being violated. For the first few months the indoor air regulation was in effect, health inspectors weren’t visiting local bars in the evenings or on weekends, when violations are most likely to happen.

Once nighttime and weekend bar inspections began, they were suspended after health inspectors were threatened while trying to enforce the smoking ban at local bars in April. Gupta said night and weekend health inspections have resumed, with police escort.

Some also say the smoking ban is not being enforced equally in outlying parts of the county.

“That’s probably a myth,” Gupta said. He said routine health inspections are scheduled all over the county, and that health officials will respond to complaints no matter where a business is located.

“The state code does not allow us to pick and choose where we go,” Gupta said.

Anita Ray, director of environmental health and the person in charge of Kanawha County’s health inspections, said health inspectors are doing an outstanding job given their heavy workloads.

“Do I have enough people to go around? I could use another inspector or two,” she said. “Obviously, they’re not going to be in every single bar every single night.”

But, she said, “We’re making progress. I’m happy about that.”
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