2 weeks into smoking ban, some fuming but few cited

Two weeks into the state's new ban on smoking, the nicotine crowd still has the jitters.

Smoky bars and private clubs that thought they had found a way around the law are discovering they did not. And bar owners who opposed the initiative in the first place are citing huge dips in business and looking to the Legislature for relief.

For all the smoke, however, there appears to be little fire. The health departments in King and Snohomish counties report they have received about 120 complaints combined from the public ratting on illegal smoking. By midweek, Public Health — Seattle & King County had visited 18 accused establishments, while Snohomish County is sending letters before visiting.

Neither health department has issued a $100 fine to any establishment, and police in King County say few if any $100 tickets have been written to individuals caught smoking.

The statewide ban, which went into effect Dec. 8, outlaws smoking in public places and workplaces, as well as within 25 feet of doorways.

"We are getting about what we expected — 95 [percent] to 99 percent compliance," said Roger Valdez, tobacco prevention program manager for Public Health — Seattle & King County. "Of the establishments we have visited, some were confused about whether they were covered by the law, and we've corrected some of that. Others probably were waiting to see if we would show up."

Confused, defiant or in denial? You decide.

Count the Fraternal Order of Eagles Aerie No. 1 in Seattle's Georgetown neighborhood among those the health department has visited. The club had allowed smoking to continue inside its clubhouse bar because it is members-only and therefore not a public place. But the health department told the Eagles that although the bar is private, it also is a workplace — so the ban applies.

"All of our employees were willing to sign waivers because we all smoke," said Dan "Whiskey" Witte, who has tended the clubhouse bar for 12 years.

Sorry, Eagles. That doesn't fly.

The Pickled Onion, a midsize pub in the Renton Highlands, also was reported to the authorities.

"I have a back room where a lot of dartboards are and I can't see everything that goes on back there," owner Sean Erskine said. "What I think happened is that customers saw someone smoking back there and instead of coming to one of the bartenders to let us handle it, they called the health department to complain.

"Another theory going around is that competitor bars are calling on each other."

The Eagles and the Pickled Onion report that since the ban took effect, business is down.

"We're a big dart bar, and for a lot of the players, coming in to smoke, drink and play darts is an important social outlet," Erskine said. "I hear a lot of the players saying now that if they can't smoke, they see no point in shooting darts."

The Pickled Onion's pull-tab receipts also have suffered the past two weeks, he said.

Witte said his smoking customers who are still coming in are staying for only one drink. "They are not hanging out to watch all of the 'Monday Night Football' or Seahawks games."

Reports of drops in bar business are motivating the effort to persuade the Legislature to amend the new law, an initiative voters passed by a 2-1 ratio in November.

Jim Routos, owner of Rooty's Sports Bar in Burien, said a coalition of bar and tavern owners wants waivers for businesses that can demonstrate to the state Department of Revenue at least a 10 percent drop in receipts since the smoking ban took effect. Some bars have seen a 50 percent decline, said Routos, whose bar is one of the 18 the health department visited.

"Proponents of the initiative said the smoking ban would be good for business," he said. "I don't think the voters intended to put bars and taverns out of business and cause employees to lose their jobs."

Changing the language of a law passed by initiative, however, requires a two-thirds majority of both houses for the first two years the law is in effect. Dave Wilkinson, a lobbyist for the coalition, said the proposed bill has yet to find a sponsor.

"We know it's going to be a very tough road," he said.

Michael O'Sullivan, Washington state government-relations director for the American Cancer Society, said the groups that supported the initiative would fight any effort in Olympia to overturn the law. "The message from voters was loud and clear. They want to protect patrons and employees from secondhand smoke.

"We knew there would be those folks who would take longer to adjust to the law. But from what we are hearing, people overwhelmingly are finding the law a good thing, especially those employees who no longer have to be exposed to cancerous toxins."

Annie Peterson, health educator for the Snohomish Health District's tobacco prevention and control program, said local health departments have asked the state to clarify ambiguous provisions of the law.

"Right now, our main focus is on the bigger picture: Using this law as a vehicle to educate the public on the dangers of secondhand smoke," she said.

In King County, Valdez said the health department is interpreting the ban as applying to private clubs, even though some claim not to be workplaces because they have no paid employees.

"We've reviewed a lot of 'what ifs' and we haven't found one yet where smoking can be allowed inside an establishment," he said.

The county also looked at various attempts by bars to accommodate smoking customers with outdoor shelters.

"Sometimes those arrangements work and sometimes they don't," Valdez said.

Witte said the Eagles intend to abide by the ban, even though some members have offered to chip in to pay whatever $100 fines the club might receive.

"I suppose being a private club, we could install a system where you would have to be buzzed in to come inside," he said facetiously. "That way, if it's the health department at the door, we just wouldn't buzz them in."

Stuart Eskenazi: 206-464-2293 or seskenazi@seattletimes.com