Total statewide smoking ban creates level playing field

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Recently, the Board of Directors of the Wisconsin Restaurant Association (WRA) voted 36-1 to support a statewide workplace smoking ban. The association has always defended business owners' right to make their own decisions. However, the current patchwork of local smoking bans in Wisconsin is a problem for the restaurant industry. It puts hundreds of restaurants in the situation where they may lose customers to restaurants just outside the smoking ban area or to taverns that are exempt from a smoking ban ordinance.

When the WRA board voted to support a statewide workplace smoking ban, they were very strong in their opinion that there should be no exemptions or phase-ins for any segments of the food and beverage industry. This includes both taverns and restaurants that contain bars.

The result of this vote was profound in that approximately 75 percent of WRA board members have alcohol licenses and have bars in their establishments. In addition, only two voting members operate in locations where there are local workplace bans already (Appleton and Madison). Obviously, many of them supported the good of our industry over immediate self-interest. They want a truly level playing field and they know that exemptions create a decidedly uneven playing field.

By our charter, WRA represents all of the approximately 16,000 restaurants in Wisconsin from the smallest to the largest. We represent those that serve alcohol and those that don't. While WRA has some members who are multi-unit chain restaurants, the vast majority of our members are independent operators. This is one of the reasons why our board felt there should be no exemptions. How could WRA support something that pits one segment of the industry against another? Giving an exemption to taverns simply chases smoking customers from ma-and-pa diners to taverns that, incidentally, might soon be open for breakfast. Many tavern owners support a statewide smoking ban in restaurants that do not serve alcohol, or do not serve enough alcohol to qualify for a tavern exemption. This appears to us to be more than a little bit self-serving.

People who think that a tavern exemption is reasonable are probably thinking about the neighborhood tavern or the Northwoods bar. However, the definition of a tavern in Wisconsin law goes way beyond that. The law defines a tavern as a business where the sale of alcohol is over 50 percent of total sales. This leaves a lot of room for the sale of food. In fact, if a law passes with a tavern exemption, people may be surprised to see how many businesses that they consider restaurants can still allow smoking because they sell enough alcohol to qualify as a tavern.

Let's not forget the employee health issue. Evidence that prolonged exposure to secondhand smoke is harmful has really piled up in recent years. While customers can choose restaurants and even bars that are smoke free, or limit the time they spend in smoky establishments, employees are another question. When they work in a smoky environment, they will inhale a lot of smoke and do it over a prolonged time. Many of them are young people who still think they're invincible. If this issue is about protecting workers' health, how can anyone justify protecting workers in some restaurants but not others? If you work in a restaurant that also serves alcohol or in a tavern, is your health somehow less important? We don't think so.

Finally, at the Wisconsin Restaurant Association, we feel strongly that business owners and customers have a right to make their own decisions. However, given the proliferation of local smoking bans throughout Wisconsin, fair competition is impossible, so we feel a statewide smoking ban is the better option. It is our duty to protect our entire industry and our employees. The only smoking ban that creates a level playing field for all businesses and protects all employees is a total workplace ban - statewide. So let's get on with it.


Edward Lump is the president and CEO of the Wisconsin Restaurant Association.

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