Tobacco Facts.

City officials will not intervene to stop bar owners from allowing patrons to violate the state’s smoking ban.

Rather, Burlington City Council members say the ball is in the state’s court to enforce the Iowa Smokefree Air Act. The law went into effect in July 2008.

“Unless the state changes the way this law is enforced, we can’t take action against bar owners. With that said, this council needs to encourage people to abide by the law. If you throw your nose up at the law, what do you get? Anarchy,” Councilman Matt Murray said on Monday.

Murray’s comments were made after learning four Burlington bars have been issued administrative hearing complaints for allegedly turning a blind eye to patrons lighting up in their establishments.

The businesses include The Beer Tent, 217 Valley St.; Crazy Coyote, 2505 Mount Pleasant St.; Paddlewheel Lounge, 613 Jefferson St.; and Summer Street Station, 1000 Summer St.

Violations of the smoking ban, including ashtrays on tables and patrons openly smoking, were observed on various occasions by Des Moines County Sheriff’s deputies, according to state officials.

If a settlement isn’t reached, the establishments face the suspension or revocation of their liquor licenses by the Iowa Alcoholic Beverage Division, the state agency charged with enforcing the smoking ban.

Mayor Bill Ell said he was unaware of the extent of the problem, but said news of the violations concerned him. He urged bar owners to adhere to the law.

“I’m not sure how much of that stuff is going on. If it is happening, it needs to stop. There is a wrong way and a right way to change the law. Allowing smoking in bars is not the right way to go about it,” he said.

Councilman Jim Davidson echoed that sentiment.

“Whether you agree with it or not, it’s the law right now and it needs to be followed,” he said.

Councilman Tim Scott, a small-business owner, defended owners and railed against the legislation he said is forcing bars to close their doors.

“I have talked to owners and they tell me it’s a matter of survival for them to allow smoking in their bars. I believe that’s true. Some of these guys have seen a 25 percent or higher drop in business because of this law. That’s not right,” Scott said.

“I won’t support this council taking action against people who are just trying to earn a living on behalf of a stupid law like this,” he added.

Councilman Garry Thomas said he doesn’t support the smoking ban as written.

Despite that fact, he argued that it is the responsibility of the state, as well as the city, to make sure the law is being followed.

“I disagree with the exception given to casinos, but it’s the law and people need to follow it. We can’t let people go around breaking the law and do nothing. This law needs to be enforced by someone. If not the state, then maybe we will have to do it,” he said.

Source: Thehawkeye

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