 Taylor was making reference to the many arguments the law did not
address that are subject to debate right now.
"Who is supposed to administer this law? Are there going to be
changes or exceptions made in the coming months? Do I spend a huge
amount of money building a beer garden, to find out that won't be
necessary, or will a beer garden have its own rules and
requirements?"
Taylor, who in 2000 bought the bowling alley along with partner
Keith Hasprey, has invested a huge sum to make the establishment
state-of-the-art.
"I'm concerned what this law will mean long-term for my
business," Taylor said. "The electric bill is a $1,000 a month more
than it was last year. Wages have gone up, and now there is the
possibility a law might affect my gross income. This is a lot for a
business owner to swallow all at once."
It doesn't help Taylor or any of the thousands of Illinois
businesses that aren't sure how enforcement will be handled and what
appeal rights a business will have if an errant smoker lights up
within 15 feet of their establishment.
In January the Illinois Joint Committee on Administrative Rules
voted 9-1 to prohibit the Illinois Department of Public Health from
enforcing the rules for the Smoke Free Illinois Act until a system
for due process is put into place.
Currently, an individual has no way to appeal a citation, and the
JCAR has ruled that under those circumstances the law itself should
not be enforced.
However, their decisions are not binding and in the past have
been ignored. To complicate matters even more, there is talk of
possible exceptions being added to the law, and no one is defining
what those exceptions might be.
In the meantime, businessmen like Taylor try to follow the law
and survive as a business. Checking final totals for the month of
January, Logan Lanes' income was stable in all areas except the bar,
where revenues were down 20 percent from a year ago. "Bowling is one
of those few sports, like golf, where drinking, for many people, is
a part of the sport," Taylor explained. "People who tend to drink
and smoke just aren't going to sit around our bar area. In the past,
after leagues were over we would have a good crowd of bowlers hang
around for a while. Now they go home."
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Taylor went on, "Over the years many people told me they didn't bowl
anymore because of the smoke. Well, now it's gone, and we could
really use those nonsmokers to come back and rediscover not only
bowling, but Logan Lanes as well. It doesn't matter what type of
business you have. We all need the patronage of both smokers and
nonsmokers to survive in this business climate."
A former smoker, Taylor has attempted over the years to make his
establishment more nonsmoker-friendly. In 2004, the bowling area
itself was made a nonsmoking section so people who didn't smoke
wouldn't be directly in the smoke of other bowlers who did. The
bowling alley was nonsmoking three times a week when junior and
adult-junior league bowling was taking place. "I understand the
effects smoke has on some people, and I was trying to make this
business as considerate of everyone as possible," he said.
Coming from California, Taylor has experience with smoking bans.
"In California when the ban went into effect, people had to adjust,
with two major exceptions. First, there was no ban within 15 feet of
a business' doors; secondly, it is warm in California. Walking
outside in this weather, having to change into street shoes and be
15 feet away just won't work with a bowling alley in Illinois.
Bowling is different than going into a restaurant, where you might
be there an hour. Here, league play can last three hours or more,
and the ban has smokers angry right now."
What long-term effect the smoking law has on Logan Lanes isn't
going to be felt until this summer, with Taylor explaining that
leagues were already set through April before the law was passed. "I
hope the bowlers get over this and just get on with their lives," he
said. "It is one of those things that we really don't have control
over. We have a law and that's the way it is, but I wish someone
would set all the rules firmly so a business knows in what direction
to go."
[By MIKE FAK]
Readers can find more of Mike Fak's writing at
www.searchwarp.com
and www.problogs.com.
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