Smoking Police Tactics
Last week was a bad one for one McAlester, OK restaurant. The owner of What About Bob’s says he feels targeted and apparently that feeling is justified, judging from news media reports which indicate that the restaurant had been visited by the Health Department officials six times within a few days and on one inspection officials informed the owner of deficiencies in his smoking section. The restaurant owner says he fixed them.
The next afternoon, March 22, Health Department officials swooped down upon the restaurant again and shut it down because they say the building’s smoking section is not in compliance with state law. Evidently they did not wish to bother with re-inspecting to determine if in fact the changes made by the owner resolved their concerns.
That same afternoon the owner faxed a letter to the State Health Department promising he would not allow smoking in his establishment until his smoking room is deemed compliant. The restaurant was closed half a day on Tuesday and all day on Wednesday, as its owner awaited permission from the state Health Department to reopen. He was finally allowed to reopen on Thursday.
News media reports quoted the restaurant’s owner as saying:
This is all about strongarm tactics. They continually make new rules. It’s just nothing but wrong. My whole beef on this is there is no hearing, no judge, no due process. I mean if the bank wanted to foreclose on your house, you go before a judge before that foreclosure happens.
He also went on to explain his frustrations with not only the smoking police but their effect upon his business and the lives of those that work for him.
It’s a separate room with its own heat and air system. The exhaust vents outside. We comply with all that. I can’t afford to be closed, even for a couple of days. I’m a small business guy. I got people who work here with kids, man. People depend on this place.
Pittsburg County Health department Administrator Mike Echelle says that the department of health isn’t trying to ruin businesses. This statement rings hollow however in light of the fact that if the department was concerned about the effect of their tactics upon business they could have simply ‘cut a deal’ on the spot to permit the restaurant to remain open while prohibiting smoking until the facility passed their inspection. This rather than keeping the business closed for a day and a half while a bureaucrat in Oklahoma City shuffled a fax making the very same promise.
This type of punitive action on the part of the health department should be expected by those restaurant owners that have created the special ’smoking rooms’ mandated by the smoking police. It has been obvious since the anti-smoking law was enacted that the State Health Department is going to make it as difficult as possible for restaurant operators to accommodate smokers. These strong armed tactics are likely a message being sent to those restaurant owners that choose to exercise their rights under the law. A message saying we are going to make it as difficult and costly as we possibly can if defy our wishes and if you go out of business, tough luck.
The State Health Department has set up a toll free number. One which they encourage people with complaints against smoking optional restaurants to call. That toll-free number is 1-800-ONLY-AIR, or 1-800-665-9247. While they probably do not wish to hear from smokers complaining about the strong arm tactics of the smoking police, it is the right of everyone to do so. Besides, every call made to that number comes out of the State Health Department budget. What better way to make your voice heard? Smokers might wish to call now, and call often just to insure their message gets across loud and clear.
April 6th, 2006 at 3:49 pm
Smoking is a choice. One I choose. Also eating out is a choice. One I more and more choose not to do. I would urge everyone who smokes to eat breakfast and dinner at home, and carry a lunch to work if you are not near a smoker friendly restrurant. I do not even visit the drive through at fast food places who discriminate against smokers by not accomodating them inside. I made this choice long before 1 March 2006. As long as smokers cowtow the restrurants will keep on raking in our money. If they start seeing their bottom line shrink by 30-40% they may rethink their plan, or increase their prices to the non smokers who continue to visit them.