Smokers attack language of statewide ban

Smokers'-rights advocates know they can't stop the pending statewide public smoking ban, but they're continuing their attack on the language contained in the law.

With just days left in the public comment phase before an Illinois Department of Public Health review panel signs off on the wording, smoking advocates are urging supporters to demand certain language be clarified or deleted to make the law fair.

"With the language as it is now, they could be going after business owners who aren't even on the premises, and that's against the basic tenets of law," said Joe Fay, who leads a group called ProSmoke Naperville.

The public comment period ends Monday, but the law takes effect Jan. 1. State public health officials said they have received about 30 submissions so far. Most comments express concerns about enforcement and outdoor patio exemptions, spokeswoman Melaney Arnold said.

Arnold said residents can visit the agency's Web site at www.idph.state.il.us/rulesregs/proposedrules.htm or call (217) 782-2043 to submit comments.

Much of Fay's criticism of the new law is aimed at those aspects that affect restaurant and bar owners.

"I certainly don't know how it's going to be enforced, first of all," said James Bergeron, a restaurateur and chairman of the Downtown Naperville Alliance. "I'll just have to wait and see because I have no idea how the state or county will try to enforce it."

The current language leaves punitive enforcement in the hands of local public health departments and municipal police departments. However, it also requires a certain level of enforcement from business owners and employees without specifically spelling out what level that should be.

Fay said such vagueness of enforcement components in other smoking bans around the country have led to ticketing business owners and lawsuits.

Bergeron also complained about vagueness in the law regarding smoking on outdoor patios.

"The way I understand it is you can smoke outside as long as it's 15 feet away from a door or window," he said. "My patio goes out about 25 feet. Am I supposed to put a line down the patio?"

Bergeron said he may just wind up entirely banning smoking on the patio at Jimmy's Bar & Grill.

"That's a very possible reality because it may be too difficult to enforce smoking in one place and telling someone they can't smoke 12 inches away," he said.

Rick Sweeney, chairman of the Restaurant Association of Naperville, expects growing pains as the law is enacted and is hopeful police and health officials will be cognizant of that when responding to any complaints.

He also is worried the patio law may give some businesses an advantage.

"Certain people are going to lose business because they don't have patios," he said. "I foresee a time when you can't even smoke outdoors."

The Naperville City Council has the power to make a citywide smoking ban more restrictive, but not less. However, city officials said there are no current plans to modify the state's proposal.