Legislature extends smoking ban

Billy Drown

Published: Wednesday, March 11th, 2009

With a 21 to 14 vote, the South Dakota Senate voted on Wednesday, March 4, to extend a state smoking ban to bars, video lottery casinos and gambling establishments in Deadwood. The measure excludes motel rooms, cigar bars and smoke shops. One minor amendment was added,  though, making the penalty for businesses consistent with that for individuals who violate the law. So on Monday, March 8, the House voted again. The outcome was 46-23. Now the bill heads to Gov. Rounds. “We are elated,” Darrin Smith, Senior Advocacy Director of the American Heart Association of South Dakota, said in a recent press release. “We’ve been working on this for a long time, alongside many other health organizations.  It’s been a long time coming.” Not all politicans think the same way. In a recent Chronicle article, Rep. Mike Verchio, Hill City stated, “It’s a shame that we restrict the rights of 25 percent of our citizens in the name of health. If tobacco is that catastrophic why don’t we ban it all together?” During the crackelbarrel session in Hill City last week, Verchio noted that in Minnesota since they banned smoking, 186 bars have closed, some likely from the smoking restrictions. Now the question is, how will this affect Custer’s local establishments that allow smoking when the                                  ban goes into effect July 1 of this year. Greg and Barb Edwards, owners of the Frontier Bar and Grill and Gold Pan in Custer, are livid about the smoking ban. “My thoughts are that the government shouldn’t be telling the business owners what to do. I would understand that businesses  could put a note on the door telling people that this is a smoking establishment. But to ban smoking entirely is outrageous,” Barb said. One thing that irks Barb the most is that Custer already has non-smoking establishments in town. So why does every place have to be smoke free? “This community already has a choice. There are places here in town that people can go for non-smoking. Why couldn’t the government pass a bill that says a certain number of establishments in town be smoke-free, not all of them?” she said. To Barb, Deadwood is dead.                                 “This will kill Deadwood. And the worst part is the government won’t help when businesses start to go bankrupt,” she said. As of now, both Barb and Greg are trying to come up with ideas to keep their bars afloat. “We have been racking our brains. One idea we came up with is to put more money into the food sales, but that will cost me more money to bring in more equipment to satisfy people,” Barb said. “Right now I’m looking for ideas. I will have to change my venue to stay afloat.” For what the future holds for the Gold Pan and Frontier, Barb is uncertain. “I don’t know what will happen. I put everything I have into these two bars. A year from now I might be on welfare,” she said. “The country is already going through a hard time now, and for the politicians to do this, it’s insane.     Rob Steele, Elk Canyon, Custer, also doesn’t think the government should make these types of decisions for a restaurant or bar owner. Since Steele’s taking over the establishment in 2004, Elk Canyon has been a non-smoking restaurant. “We are non-smoking by personal choice,” he said.  Elk Canyon, which is a restaurant with a bar section, sees more business in the eating area, said Steele.  Tony Jenniges, AJ’s Ore Car Saloon, Custer, figured it was coming. “Eventually it will be nationwide. It’s a nationwide trend. I don’t totally agree with it, but they might as well just get it over with,” he said. On whether or not it will hurt his business, Jenniges said, “I don’t think the ban will have much of an effect on this establishment.” Mark Morrissey, Our Place, Custer, isn’t a big fan of the ban. “I think it stinks. They (politicians) are taking away the right of a business owner. They are taking away our rights little by little,” he said. Our Place has a restaurant area and a bar area. Morrissey said he doesn’t mind people not being able to smoke in the dining area, but in the bar area, that is another story. “I can live with people not being able to smoke in restaurants, but I won’t go to a bar if I can’t smoke,” he said. On not being able to smoke in gambling halls in Deadwood, Morrissey had this to say: “That is really stupid. Gambling, smoking and alcohol all go together.” On whether or not it will affect his business, he said probably not. “I don’t think it will really affect my business. With our hours (5 a.m. to 2 p.m.) we don’t really sell alcohol. I have a beer license, though, so people can smoke. If it will affect anything, it will effect the bar more so. I may see a slight change in sales, but not too much.” Rose Marie Koehler, Bavarian Inn Restaurant, Custer, is for the smoke free ban, but for only certain places. “My establishment is different then a bar. First and foremost, we are an eating establishment that serves alcohol to better pleasure a person’s eating experience,” Koehler said.  Since becoming a smoke free establishment when Koehler took it over, business has picked up for the Bavarian Inn Restaurant.  “I maybe lost four people since I became owner due to the no smoking policy. But other than that business picked up,” she said. The reason Koehler decided to go non-smoking was because of the lack of a  venting system. “It doesn’t have a good enough vent system to filter all the smoky air out. Nobody likes to sit and eat in filthy air. I’m a smoker and I don’t even like eating in that type of air. After it was remodeled I didn’t want that smoky air to stay. “People who don’t smoke have the right to eat in a smoke free area. When I smoke I go outside. There are considerate smokers and there are rude smokers. Smoke invades people’s air and it stinks,” she said. Koehler said she thinks the government made the right decision to pass the  ban, but she does realize the ban may affect bars that don’t serve food. “I can see it hurting establishments that only serve alcohol. People go to those places to play pool, drink, socialize, party and smoke. People come to the Bavarian Inn Restaurant to eat a meal, maybe have a glass of wine, socialize for a bit, then they leave. I don’t cater to the same type of people who go to those strictly bar type establishments,” said Koehler. Keith Blume, Custer VFW commander, thinks the smoke ban is a good thing for the state. “At first things will change. The VFW might lose a few customers, but in the long run business will pick up and people will come back,” Blume said.  Since the VFW is also an eating establishment, Blume said he sees more people actually heading there. “We have non-smoking members who don’t usally eat at the VFW due to the smoke. The smoke ban will probably benefit us, because those members will come out and eat more. I think the smoke ban will be a good thing all around,” he said.  With the House voting 46-23 on Monday, it is now up to Gov. Rounds on what the future holds for this bill. Gov. Rounds said he’s “no fan of smoking,” but it is still up in the air to whether or not he will sign the bill.