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Chicago Smoking Ban Passes

CHICAGO (CBS) ― When the smoke cleared, Chicago's City Council finally did something it's been huffing and puffing and bickering over for years: it banned smoking in virtually every public space.

And as CBS 2's Joanie Lum explains, except for a few exceptions, the ban starts sooner than you might think.


The Chicago City Council has passed a smoking ban.

The measure was approved today on a 46 to 1 vote. Ald. Brian Doherty (41st) cast the only "no" vote.

It would ban smoking in virtually all indoor public places in Chicago, but taverns and restaurant bars would have two-and-a-half years to comply. The ban applies to restaurants, stadiums, taxi cabs, shopping malls and other areas.

The final compromise was distributed to the Finance Committee this morning. Under the compromise, smoking would be banned in all Chicago restaurants by Jan. 16, except those that have separate bars.

Taverns and restaurants with bars will have until July 1, 2008 to comply. After July 1, 2008, owners need to prove a sophisticated air filtration system is in place if the establishment has not gone smoke free. Hotels can still have smoking rooms and private clubs and lodges are exempt.

A representative from the American Lung Association said they don't like the ventilation system provision. They say it gives restaurant and bars a loophole.

Anyone who smokes in a banned area could face a $100 fine.

Owners and managers who do not comply face a $100 fine for the first offense and a fine of $500 for a second offense within a year of the first. If there are more than two offenses within the year, owners face $2,500 fines for each additional incident along with a 60-day suspension or loss of business license.

In restaurants, smokers were a little put out.

"I understand it's offensive when you're trying to enjoy a dinner. But you can choose smoking or non-smoking places. It should be up to the establishment," said smoker Kelly Firestine.

Tavern on Rush in the Gold Coast is a mostly smoke-free lunch spot. But at night, smokers are free to light up anywhere in the bar.

"I think we'd have business either way, whether they can smoke or not," said Tavern on Rush hostess Nadine Vidoni. The ban applies to dining areas of restaurants.

Some restaurant workers were pleased by talk of a compromise deal.

Waitress Wendy Basilio's worked at the Cambridge House for only four months. But after this 27-year-old non-smoker works a shift in the restaurant's smoking section, her children complain about the way she smells.

"So I'm happy, no more smoking in my workplace," Basilio said.

"I'm an ex-smoker. There should be an area that you can go to," said Francesca Clark.

"I'm sitting in the non-smoking section right now. But my eyes are tearing, because I could smell the smoke," Carol Lopez said.

At City Hall, aldermen, who have been battling to make no smoking the rule in all of Chicago's bars and taverns, talked about the deal Tuesday.

"Everybody bent a little bit. We all have to in these kind of deals," said Ald. Ed Smith (28th).

Still, the mayor remained skeptical about a compulsory smoking ban.

"If it's the right thing to do, why don't restaurants do it today? Very interesting. It's called greed. They want to make money," said Mayor Richard Daley.

"It is a legal product. People have a right to use it. If they choose to, forcing them outside, I don't know if that's the right answer," said Ald. Brian Doherty (41st).

Nonetheless, Basilio and her family insist a restaurant smoking ban would be the right answer for them.

Several aldermen said the compromise defines a restaurant as an establishment that brings in 65 percent or more of its revenue from the sale of food. Taverns would be defined as establishments that get more than 35 percent of revenue from liquor sales.

The ban applies to public places only. Cars and tobacco stores are exempt. Private homes are exempt unless there is a public business run from the premises. The ordinance also requires that 25 percent of hotels and private clubs such as Veterans for Foreign Wars and the American Legion be exempt.

The city council has been debating the issue since June, when Alderman Ed Smith began his push to ban smoking in all indoor public places. Another alderman has sought to keep restaurants and bars off the list.

Groups like the Illinois Restaurant Association favored a less stringent version, while health advocates had pushed for an immediate ban on smoking in all public spaces.

The compromise still raises concerns for some groups. Restaurant owners are concerned about their bottom line and neighborhoods are concerned that smokers will block sidewalks.
New York and Dallas are among the other major U.S. cities with smoking bans.

(© 2005 CBS Worldwide Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)