Published: July 02, 2008 11:06 pm      

Fayette court delays new anti-smoking rules

At the behest of several affected business owners, Fayette County’s Board of Health voted last week to extend by three months the implementation of an enhanced smoking ban.

The stringency of the county’s anti-smoking regulations was originally scheduled to ratchet up a notch July 1. Business owners will now be allowed until Oct. 1 to comply with the new rules, the board announced Tuesday.

The board voted in late May to prohibit smoking in any free-standing bar and also in any place where a non-smoker might visit.

According to Fayette County Health Officer Dr. Don Newell, a number of bar owners attended the June 26 meeting to register their displeasure with what they believed was a lack of both notice and time to implement the changes at their establishments.

“If anyone is going to make some physical changes to their establishment, they should contact the board in writing with plans as soon as possible. If they wait too long, they’ll run out of time again as they did before,” Newell stated.

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John Garvin, owner of Clay’s Smokehouse bar in Oak Hill, expects the new restrictions to shut his business down in the long run, estimating that 80 to 90 percent of his customers are smokers. For Garvin, it is a question of human liberty, civil rights and freedom of association.

“This is not a utility. It’s not a federal building. It’s not compulsory for anyone to come to. Who will be protected by this going into effect?” asked Garvin, a non-smoker.

“I just have regular customers. I’ve been here 32 years, and I’ve never had anyone complain about smoking. They come here because they want to, and they seem perfectly happy. I have non-smokers who come in, and they don’t have a problem. I’d be a good test-dummy for the second-hand smoking theory (being detrimental to one’s health),” he noted.

According to Garvin, the board is under the sway of an agenda that seeks — under the guise of looking out for the well-being of others — to coerce individuals about what they do with their own bodies. As he sees it, the next target is those who are overweight.

“They (the board) have a social agenda of trying to correct the ails of society. We, as adults, don’t have any understanding of what we need, while they certainly do. It’s offensive, and I’m incensed about it,” Garvin stated, emphasizing that board members are appointed rather than elected.

As for what he intends to do, Garvin said that he sees merit in the concept of civil disobedience. “I don’t plan to enforce it (come Oct. 1),” he insisted.

“There is no law against smoking in West Virginia. As of Oct. 1, if you smoke in my business, you have become a de facto criminal. If they decide to put me out of business, so be it. I’m not going to be a sheep.”

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The amendments to the Clean Indoor Air Regulation of 2005 were approved by the board April 30. A 30-day notice was published in local newspapers and posted in public areas.

The subsequent vote on May 29 effectively prohibits smoking in any indoor establishment that a non-smoker may frequent. Those would include private offices that may need to be accessed by employees or the general public. Newell listed offices of accountants and lawyers as examples.

The amendments even entail a ban on smoking outdoors where people might congregate. According to Newell, this would take in such places as outdoor eating establishments, service lines and sporting events such as football and soccer games.

Fayette County has regulated indoor smoking since 1999. Those restrictions expanded on May 1, 2005, to include more areas. The 2005 regulations mandated that designated smoking areas cannot come within 20 feet of the entrance to any facility where smoking is prohibited.

At that time, smoking was prohibited in restaurants and other places where people could assemble, but free-standing bars were left untouched. Penalties for violating the ban consist of fines ranging from $200 to $1,000.

For more information on the new regulations or to obtain a copy of them, call the Fayette County Board of Health at 574-1617. The board meets again Aug. 28 at 3 p.m.

— E-mail: mhill@register-herald.com