Law bans indoor smoking

Restaurants and bars in Tennessee are required to prohibit smoking indoors unless they limit access to people 21 and older at all times as of Oct. 1.

The Tennessee Non-Smokers Protection Act, which bans smoking in all public places, was passed this summer by the Tennessee General Assembly and signed by Gov. Phil Bredesen in June. Open-air patios and private clubs are exempt from the ban.

The bill has left area businesses with two options: ban smoking for all patrons or ban patrons under 21 from their establishments.

Many Cumberland Avenue merchants, such as Sunspot and Buffalo Wild Wings, have changed to the non-smoking format, while others, such as Half Barrel and Charlie Peppers, are enforcing minimum age requirements at their restaurants.

The switch to 21-and-up at all times has caused some unhappy customers. Charlie Peppers manager Sarah Collins said the law has forced the restaurant to ban families and minors that enjoy their food, prompting the restaurant to post a sign on the front door reading “We are smoker and non-smoker friendly. Under 21 and like our food? Sorry, you’ll have to write our governor.”

But places like Charlie Peppers aren’t just losing customers under the age of 21. Those that are underage at businesses that choose to allow smoking are finding themselves out of a job.

“We had to let go of some of our best servers because of this law,” Collins said. “They are old enough to smoke, to serve alcohol and do their jobs well, but they are not allowed to be here anymore. This was really hard on them, and it is hard as a manager to fire them.”

While some Strip business are worried about a drop in business, others do not think the law will have much or any negative consequence.

“The smoking law doesn’t have a huge impact on the Strip,” said Ken Stuart, general manager of Half Barrel. “Individual businesses are making the decisions that are best for them, and students will ... still have plenty of places to go, regardless of their smoking preferences.”

Any person who knowingly smokes in a non-smoking area will be subject to a $50 fine, but restaurants have to bear much of the brunt if they do not enforce the law. Restaurants will receive a written warning for a first violation and and a $100 fine for a second violation in a 12-month period. A third violation within a year will result in a $500 fine for the restaurant. The departments of health and labor will enforce the law.

Siva Dhamotharan, co-owner of Cumberland Avenue hookah bar Masti, said the law will affect the Strip in a large way if authorities are able to keep it enforced.

“I think it will either improve business from non-smokers that like the new law or become such a hassle that it is not enforced,” Dhamotharan said. Masti is excluded from the law because they do not serve food or alcohol, allowing this business to remain 18-and-up with smoking.

Students also face the law with mixed feelings.

“I think businesses will see a serious drop in revenue because of the number of students that are 18 to 21 that will be limited in the options of where they can go,” said Kat Davison, an undecided freshman. “This affects a large part of campus. I think it is an attempt to get us to stop smoking, while people that want to smoke are going to regardless. This law treads upon personal rights. Those that smoke are being affected by those that don’t, and that doesn’t seem right to me. Everyone should be able to choose.”

Tasha Hart, a freshman in engineering and a non-smoker, said she is looking forward to the new atmosphere.

“I have asthma, and it will be really nice to go out and not have to deal with smoke,” Hart said.

Although smokers may be unhappy with the new law, Sunspot manager Gina Truitt said it might ultimately prove to benefit everyone.

“Some will find dinning more enjoyable, while others may decide to stay home. This may encourage some smokers under the age of 21 to try to quit. Either way we will all have to adjust,” Truitt said.