Some folks smokin' mad, others support town ban

MOUNT PLEASANT — Smoker Friendly tobacco shop cashier Sue Tracy said she'd go to jail before paying a fine for lighting up on the job, an action banned under a new town smoking ordinance.

"It's not Russia, telling us what we can and cannot do," she said Wednesday.

Business owner Bob King said the smoking ban would have "an identifiable financial impact" on his store, where customers and staff smoke. He declined to say how much the ban would cost him. "I'm sure there's going to be some lawsuits. This isn't over," King said.

Discontent about the smoking ordinance, which council approved Tuesday, was apparent Wednesday at Coleman Boulevard businesses such as Art's Bar & Grill, where John DuBose was having lunch and a cigarette.

"There's been smoking in bars for hundreds of years. Smokers have rights, too. If you don't like it, go somewhere else," DuBose said. He pondered the impact of the ordinance, which takes effect Sept. 1. "I'll have to go outside, I guess. I don't want a $100 fine."

Under the provisions of the Mount Pleasant ordinance, businesses that violate the smoking law can face a maximum fine of $100 per offense. After state

assessments and court charges are added, the maximum fine is about $250. Police will enforce the ordinance. A business can apply to the town for a 90-day extension of the Sept. 1 compliance date.

Local ordinances regulate indoor smoking in businesses. The state Clean Indoor Air Act already bans smoking in schools, health-care facilities, government buildings, public transportation, theaters and performing arts centers.

Smoking ban supporters included Allison Tysinger, who sings at Art's on Friday night. She said a smoky bar is an occupational hazard. "I can feel it physically for the next several days, the extra cough and chest congestion," she said.

The new rule applies to clubs such as American Legion Post 136, where past commander Edd Burkholder enjoyed a beer and a cigarette. He said the town smoking ordinance is un-American. "It's not right. It's not fair," Burkholder said. Government intrusion on smokers' rights is like gun control, he said.

But Dan Carrigan of the Smoke-Free Action Network said local government has to step up to the plate on the smoking issue because the Legislature has declined to act on the issue. The town of Sullivan's Island, where smoking has been banned since last July, and the city of Charleston, where smoking will be banned starting July 23, have been sued by businesses seeking to overturn their smoking ordinances. The state Supreme Court is expected to decide the issue.

North Charleston has declined to ban smoking, and that's where Jerry Aden said he will go. Aden enjoyed a cigarette after lunch at Alex's restaurant. "It's like Prohibition. It's going to hurt the businesses," he said.

Town resident Dr. John Simkovich said he prefers smoke-free restaurants. "I think it's a wonderful thing to have in place. I think it's probably the best thing we could do to help improve the health of our community," he said. There's no safe level for secondhand smoke, which causes cardiovascular and respiratory problems, he said.

Resident Barbara Zia, president of the state League of Women Voters, said she was pleased with the council's vote. "It's an issue of protecting public health, protecting workers," Zia said.

Food and beverage staff and entertainers are particularly vulnerable to the long-term effects of secondhand smoke when they work in establishments that allow patrons to light up, Zia said.

She said she recently attended a conference in Washington, D.C., which has gone smoke-free. Restaurant and bar business there was booming, she said. "I really don't think there is going to be a negative impact in terms of business," she said.

Sullivan's Island and Charleston both have a maximum fine of $500 and/or 30 days in jail for their smoking ordinances. Mount Pleasant dropped its maximum fine from $500 and/or 30 days in jail to $100 and no jail time.

The local ordinances exempt private residences and smoking rooms at hotels and motels. Mount Pleasant and Charleston allow for smoking on stage as part of a theatrical production. Retail tobacco stores are exempt on Sullivan's Island and in Charleston, which also exempts cigar bars.

Reach Prentiss Findlay at 937-5711 or pfindlay@postandcourier.com.