By Anthony Rifilato
Last week, smokers in bars and restaurants were told over and over, "Sorry" or "Put away that cigarette" by proprietors who have been forced to comply with the new legislation, though some patrons and businesses remain recalcitrant.
The law calls for a ban on smoking in bars and restaurants. The law will be enforced by the Nassau County Health Department, and first-time offenders can be hit with a $250 fine.
In February, bar owners held a demonstration at the Nassau County Legislature and appealed for an extension of the law similar to the one in Suffolk County, where the ban won't go into effect until 2006. Bar owners say they will lose business under the new rules, but lawmakers who supported the bill said that in the long run, the law will prove beneficial.
"It's going to save lives," said Legislator Joe Scannell (D-Baldwin) of the new law. Scannell said he had pushed for a different bill that would have phased out smoking and given an extension to establishments that set aside smoke-free rooms, though the bill didn't pass the Legislature. He added that the Legislature is expected to revisit the issue in 90 days to assess the affects of the law, and if the impact is negative, it could be amended.
Businesses said they are already feeling the impact. At the Deja Vu bar, the cigarette machine seemed like a relic of the past, when drinking and smoking went hand in hand. Several customers were drinking beer, but those who smoke were forced to do so outside.
"I've been having lots of complaints, but they're abiding," said Lily Clark, a Deja Vu bartender. Clark explained that the owner of the bar is adamant that no one light up, in the fear that he'll be subject to massive fines and citations and possibly even lose his business.
"All of Long Island should have been given an extension," said Clark, who added that the bar had invested thousands of dollars in a smoke-eating ventilation system shortly before the legislation was passed last October.
Elsewhere in Baldwin, some bars have paid no mind to the new law. At Cafe Oasis on East Brooklyn Avenue, several people were puffing away amid the blare of traditional Irish music. Asked if the new law was proving to be problematic, one bartender said, "Not yet," and explained that most customers have complained about the ban.
"It's the mom-and-pop bars that are going to hurt," said Glen, of Baldwin, who wasn't smoking but didn't want to give his last name. He speculated that the ban would lead to more arrests for vagrancy when patrons go outside to smoke.
Though some bar owners in Baldwin haven't complained publicly, some have signed petitions saying the bill will hurt their business. "It definitely hurts," said Sean Kearney, co-owner of the Irish Pub on Sunrise Highway, adding that he signed a petition opposing the bill. Kearney said some customers have already left, and more will eventually flee to Suffolk County.
"I think in the long run it will hurt. It infringes on my rights as well as my customers," said Kearney.
Others say the legislation puts a burden directly on the backs of small businesses. "I feel bad for the businesses around here who put money in for renovations," said Derek Houdek, owner of D.J. Houdek's Restaurant on Merrick Road, explaining that his customers are loyal and have been considerate when it comes to smoking. Houdek said he puts the blame on Legislative Majority Leader Judy Jacobs, who he believed could have delayed the ban until 2006 but pulled the proposal from the legislative calendar.
Still, while many places are feeling the law's pinch, some businesses are benefiting. At F and J Classic Cigars on Grand Avenue, an upscale cigar store, 10 new customers visited last week.
"We had one guy come in and say that he couldn't smoke in his favorite steak house anymore, so he comes here now," said co-owner Jack Melo.
