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Michigan's workplace smoking ban began May 1st

By TIM MARTIN, Associated Press Writer

LANSING, May 1, 2010 (AP): Ready or not, most Michigan workplaces and public buildingsincluding bars and restaurantswent smoke-free Saturday, May 1.

Some smokers, businesses and private clubs aren't happy about the ban. The state's response: Most folks support the ban, and it's time for dissenters to get with the program.
 

More than four months have passed since Gov. Jennifer Granholm signed legislation to make Michigan the 38th state to enact some sort of smoke-free law. Businesses and local health departments that will be expected to help enforce the ban have had some time to clear up any lingering confusion over the requirements.

But health officials say any law that requires a change in social behavior could hit a rough patch or two when it's new.

``For the most part, I think people really understand what's going on with the law,'' said Orlando Todd, a Michigan Department of Community Health specialist. ``But I can't say it will be seamless because this is a social change. ... usually that takes a while.''

The ban has broad public support, which is why lawmakers finally approved it last year. Health advocates had sought a ban for nearly a decade as a way to cut down on the health hazards of second-hand smoke.

The law comes with some notable loopholes. Gaming floors at Detroit's three casinos are exempt. So are the state's 20 casinos run by Indian tribes, which aren't subject to the state law. Cigar bars and tobacco specialty shops that meet certain criteria also are exempt.

The smoking ban applies mainly to indoor areas. It covers outdoor areasa restaurant patio, for instanceif employees are present and food or drinks are served.

Lucas Brown, 30, and Heath Hydo, 35, were having their last smoke-friendly lunch Friday at Lucky's Pub & Grille in Detroit. The roofers say the ban doesn't bother them too much but it means they will spend less timeand moneyin bars.

Hydo, who lives in the Detroit suburb of St. Clair Shores, said the law is taking away his rights and he doesn't have a lot of sympathy for nonsmokersincluding lunchmate Jason Demaray.

Private clubs with employees must comply with the smoking ban, and some aren't happy about it. Some military veterans groups have petitioned state lawmakers, saying private clubs such as American Legion posts should be exempt because they aren't open to the general public.

There's also been blowback from a few of Michigan's cash-strapped counties, which have said they don't have the staff or money to help ensure the new law will be followed.

Oakland County Executive L. Brooks Patterson filed a legal challenge against the state in mid-April, seeking state money to help pay for enforcement of what he called an unfunded mandate. Patterson dropped the suit after just a few hours because his office was flooded with calls and e-mails from residents supporting the smoking ban.

The state, if needed, will help enforce the ban in some counties. But it will rely heavily on people enforcing it among themselves.

Citizens who note a smoking violation are asked to first contact the business owner or manager to deal with it. If that fails, a complaint can be filed with local health departments. The Michigan Department of Agriculture helps oversee compliance in restaurants and the Michigan Department of Community Health oversees it in other places.

Businesses, including restaurants and bars, are required to display ``no smoking'' signs and remove ashtrays.

Businesses are likely to get warnings and several opportunities to work out problems with local health departments. If those approaches fail, the law allows a $100 fine for a first offense and $500 for subsequent offenses. Businesses also risk losing food or liquor licenses if they cross health officials.

``We'll try to resolve the issue before fines and fees,'' Todd said. ``Our goal is compliance.''

Associated Press Writer Jeff Karoub contributed to this report from Detroit.

On the Net: Details of the smoking ban are available at
http://www.michigan.gov/smokefreelaw

 

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