WEDNESDAY, JULY 14, 2004
LAWRENCE
THE UNIVERSITY DAILY KANSAN
3
9
Courtnev Kuhlen/Kansan
Lee Vance, Overland Park, sophomore, smokes on a bench outside of Henry's, 11 E8th St. Vance was smoking Monday night and said while going outside was an inconvenience, she thought owners had been pretty strict about the ban.
Ban tests ethics; local bars comply
By Amanda O'Toole
aotoole@kansan.com
Kansan staff writer
City Commissioner David Dunfield said the newly enforced smoking ban operated much like a red light at an intersection. Drivers, he said, stop at red lights not only because it is the law, but because running the lights would be unethical.
The smoking ban functions on a code of ethics. Citations and visitations from the Lawrence Douglas County Fire and Medical staff are only warranted if a complaint is called in to the non-emergency line.
There is not a city or county staff member at every intersection to prevent traffic violations. Likewise, he said, there is not someone at every establishment in Lawrence waiting for a smoking violation.
Dunfield's metaphor is not quite accurate; there are police officers, whose job is to enforce laws, by patrolling streets. And several stop lights throughout town have cameras stationed on top to take snap shots of license plates speeding away from red lights. A person may not run a red light not just because they're law abiding citizens, but because they know there's a good chance they could get caught.
This reliance on Good Samaritans creates a loophole in the ban, which Dunfield recognizes.
"We've never intended to create antismoking storm troopers," he said. He said if the city didn't hear about a complaint it had no reason to send Rich Barr, Lawrence Douglas County Fire and Medical fire marshal, to the establishment.
He agreed that in a hypothetical situation, a bar that allowed people to smoke would have little chance of being cited if no one complained to the city.
Dunfield said most people would abide by the ordinance despite the loophole.
Molly Murphy, Replay Lounge assistant manager, 946 Massachusetts St., said she doubted any of the bars would take it that far.
"Most of the business owners I have met in Lawrence are pretty willing to comply with things until they go through all the right channels like the petition," she said. "All the bars downtown have been making an effort to comply."
Rachel Van Horn, Wichita senior noticed last Friday at EightOneFive Café and Night Club, 815 New Hampshire St., the effectiveness of the ban.
Van Horn said the ban would remain effective if establishments were actually fined when they were caught.
"It doesn't matter if people aren't out patrolling,"she said. "It's been working so far."
Murphy said most bar tenders were cautious of any cigarette smoke and were trained to politely ask a person who was smoking to either extinguish the cigarette or go outside.
Murphy has had to remind people about the ban a few times, and has even had to explain it to out-of-town visitors.
"Most people don't want to put the bar in jeopardy," she said.
— Edited by Miranda Lenning