After The Smoke Cleared: The Ban's One-Year Anniversary

Just one day after celebrating our independence from foreign rule in 2010, a new rule banned indoor smoking in all Wisconsin buildings, public or private. For many this new law was a direct affront on people’s rights as smokers. For others, it was a welcome wind of change that brought with it clean air for all.

A year later, it seems most of the opponents of the smoking ban cleared the bars and restaurants with the cigarette smoke. And in fact, bar owners and patrons have come to appreciate the ban.

“It’s been outstanding. The ban was excellent. I know it hurt some of the smaller places, but for me in our business, it actually increased the traffic,” said Krueger’s Entertainment Center owner Dave Krueger. “Kids birthday parties were on the increase at about 30 percent because of the non-smokers. From my perspective, if the state ever reversed their decision and allowed smoking again, we would remain non-smoking.”

Krueger’s offers a wide variety of options for all ages with a bar, arcade and bowling alleys. But was the story the same across the street at Player’s Pub where the only adornments are a pool table and a bar?

“Initially there was a little bit of a downswing with customers,” said 10-year bartender Ray Rogan. “I haven’t really had much negative feedback from our customers. If anything, we have gained customers because the smoke drove a few people away that have since come back.”

Menomonee Falls Police Capt. Mark Waters said the department has received a very small number of complaints regarding smoking in establishments. Although he was giving a rough estimate, he said the total number of complaints didn’t eclipse 10 this year, and tickets issued were even fewer.

“I would say that both the owners and the public have demonstrated adherence to the law,” Waters said. “On very few occasions did we have any problems. From an enforcement perspective it’s been a non-issue.”

Proof of support in the numbers

Although the ban was heavily debated before it was passed, Maureen Busalacchi, executive director of SmokeFree Wisconsin, said the law now has widespread support – not just among the public but among those who work in taverns.

A survey conducted by researchers at the University of Wisconsin-Madison found that 72 percent of bartenders supported the law after it was implemented.

“They feel better. Don’t have runny noses, they’re not sneezing or coughing, or having the bloodshot eyes they used to,” Busalacchi said. “And they found that business has remained stable.”

One of the main objections to the law a year ago was that it would hurt business at bars and restaurants because smokers would stay away from those establishments if they weren’t allowed to light up. But Busalacchi said that hasn’t been the case.

She said in the first six months after the law was passed, state figures showed that business in Wisconsin’s hospitality industry rose 1.5 percent over the previous year. But in bars, business was up 3.5 percent during that same period.

“I don’t doubt that some people had a decline in business,” she said. “But overall most places are doing better than before.”

A poll released last week by the American Cancer Society and SmokeFree Wisconsin found that 75 percent of those surveyed support or strongly support the law. That’s up from 69 percent in 2008, when state lawmakers were still debating the issue.

The poll of 500 voters, conducted by Public Opinion Strategies, also found that 64 percent say the law has made going out to bars and restaurants more enjoyable while 91 percent say they go out to eat and drink the same or more often now that the state is smoke free.

Not everyone's on board yet

While enjoying a game of dice at Players Pub, a patron named Jerry said he still wasn’t on board with the smoking ban. He said it isn’t about health concerns — Jerry actually quit smoking last year — but about the rights of business owners.

“I have nothing against the ban. But I still believe it should be up to the owner himself. That’s his business,” Jerry said. “He should have the right to decide whether it makes him money or not to have a smoking bar. If in truth more people want to go to a non-smoking bar, what will happen? More people will go to non-smoking bars. The market will correct itself.”

Officials at the Tavern League of Wisconsin said their members are taking a hit, contrary to the businesses seeing improvement here in Falls and across the state.

“The ban has been devastating to a lot of the small bars, mom-and-pop operations, where it was a blue-collar bar to begin with and most of their customers were smokers,” said Barbara Mercer, senior vice president of the organization. “I myself faced a 35 percent loss of business and for anyone to say that the smoking ban hasn’t hurt small businesses, it’s simply not true.”

Mercer said her Madison bar took a big hit – and she says the smoking ban is without a doubt a factor.

“I just sold my bar yesterday after 20 years because it was either that or close it,” she said in an interview Friday. “A good part of it was the economy, no question about that, but I had to lay off nine full-time employees in the last year.

“I had six bars close in Madison in the last few weeks,” Mercer added. “They just couldn’t make it because of the losses between the economy and the smoking ban. When you put one on top of the other it was just a double whammy to us.”

She was also disheartened by Gov. Scott Walker’s announcement last week that he will not support a repeal of the ban. Walker was an opponent of the legislation but now says he believes it is working.

“The governor, who promised us that he would look at the law seriously, has commented that he thinks the law is a good thing and he’s going to leave it in place,” Mercer said. “It’s just one more thing that the governor has lied to us about. We’re very disappointed in his position to not look at this and make some exceptions and changes.”

Rob Swearingen, president of the Tavern League, echoed Mercer’s comments.

“I would say that the law is not working very well,” he said. “There are quite a few of our members that have taken a real hit, some as much as 40 to 60 percent loss in business, especially during the winter months when we are forced to go outside and smoke in subzero weather.”

While some taverns have built outdoor areas for their smoking customers, not all of them can do so, he said.

“A lot of our members don’t have the resources to build a smoking enclosure. Coupled with the economy, the smoking ban is the last nail in the coffin for some of these people,” Swearingen added.