By Dave Evensen, The Republic Reporter
BLOOMINGTON — After a rocky start, compliance with this Monroe County community’s smoking ordinance is near 100 percent, according to city officials.
Almost three years after the ordinance passed, most Bloomington businesses are cooperating in the face of active enforcement, which includes warning letters and visits by police officers looking for smokers.
Bloomington’s ordinance covers all businesses and private clubs, unlike Columbus’ ordinance, which exempts bars and private clubs. In Bloomington, each violation generates a $100 fine against the smoker and the business.
While some businesses have reported a positive effect from the ban, others have complained that compliance with the law has hurt their business, particularly because customers can travel just 10 minutes to Elletsville, where smoking is allowed.
Patty Mulvihill, assistant city attorney in Bloomington, said the city has issued about a dozen $100 fines since the ordinance took effect. All have gone to bars and private clubs and their customers.
In August 2003, when everyone but bars and private clubs fell under the law, the city received 42 complaints of smoking, most of which came within the first month.
Letters from the city brought most offenders into compliance, though about a half dozen, which accounted for 40 percent of the complaints, required repeated notifications.
One, a pool hall, didn’t comply with the law until a visit by police officers.
Bars and private clubs, which fell under the law on Jan. 1, 2005, proved more problematic. Four months after bars and private clubs were included, the city announced that, because of repeat smoking violations at alcohol-serving establishments, police officers would become involved in enforcement.
The city considered using other staff, but violations were taking place late at night around alcohol, so Mayor Mark Kruzan announced that law enforcement officers would be best equipped to handle the task.
The police improved compliance, though officers still make random checks on businesses for smokers, Mulvihill said. She’ll notify the police department if she receives complaints about a particular business.
to court. All but two offenders paid before their initial hearing.
One or two businesses still are problematic, she said.
“They know what they’re doing,” Mulvihill said. “They just write us a check.”
Chris Karl, co-owner of Yogi’s in Bloomington, said he could afford to pay the fines but instead complies with the law, for fear authorities would tighten their health inspections on his food and alcohol business.
After the smoking ordinance went into effect, he said, business fell 15 percent at Yogi’s and 30 percent at City Grille, which he eventually closed.
“I don’t like government intervention on legal products,” Karl said.
He added that he doesn’t think there’s a right way to implement a smoking ordinance, but he shuddered to think of Columbus’ ordinance, which exempts bars.
“I would lose all my alcohol sales to someone next door who moved in and called themselves a bar,” he said.
Other factors
Compliance with the smoking ordinance has been helped by the nature of the law and efforts before it took effect, health officials said.
In Bloomington and surrounding Monroe County, which also has a smoking ordinance, a committee of city, health department, tobacco coalition, hospital and business officials organized to educate local residents about the new law before it took effect.
“It made the transition for owners very effective,” said Bob Schmidt, Monroe County Health Department administrator.
A member of Monroe Tobacco Prevention and Cessation Commission also visited local businesses to distribute no-smoking signs and other materials to encourage compliance.
“We needed to educate that it actually helped your business,” said Sheila Evans, community health educator at Bloomington Hospital.