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A new law prohibiting tobacco smoking in any public area that is not open to the outdoors was enacted by the Maine State Legislature Jan. 1. Supporters of the law argued that it was implemented to protect bar workers in Maine from inhaling secondhand smoke and to promote the safety of public establishments. When entering a public bar or tavern, patrons are likely to be greeted by a new sticker designating the facility as smoke-free, according to Maine State Law 22 MRSA, Section 1541.
A former law banned tobacco use only in restaurant establishments, but not lounges. Originally causing tension between the legislature and food service providers, the law went unchallenged and was later replaced by the smoking ban. Violations of the new law will result in fines for business owners and further violations can lead to liquor license suspension.
Public bar and tavern owners have felt the effects of the law, not only in the way that they operate their businesses, but also in their pockets.
“Profits are down about one-third from last year, not placing single blame on the law,” said Don Ketchen, owner of Don’s North End in Old Town.
Small bars and taverns are notably affected by the smoking ban; former customers apply for membership at private facilities, such as the Elks Club, that are not regulated by the law, instead of patronizing the smaller establishments.
“The good of the law is for the employees, not the customers,” Ketchen said. “The state government’s job is to represent the public and protect business.”
Under the new law, bar employees will no longer have to work in smoke-filled environments, but some say that is a choice they made before the law was put in place.
“I made the choice to work here knowing I would be exposed to secondhand smoke,” said Nick Nickerson, bartender at Don’s North End.
Some argue that business owners are being prohibited from managing the operations of their own businesses and that customer preference is being ignored. Customers enjoy the liberty to choose where to drink and eat, and some say that decision-making ability is hampered by strict state legislation.
“Designating smoking establishments, or licensing designated areas of public facilities for customer preference is the best option,” said Matt Haskell, owner of the Bear Brew Pub in Orono. Patrons of restaurants, bars and taverns in 45 out of 50 states have the choice to be seated in designated smoking and nonsmoking areas.
The law enacted to protect workers has pushed some customers out of the doors of local bars and taverns. Smoking patrons find it inconvenient to leave the establishment to smoke, later returning to continue drinking and socializing.
“I dont agree with the law, but I don’t blame the business owners for following it,” said Brian Estes, a University of Maine student, outside the Bear Brew Pub.
Bangor Daily News