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Smoking Ban Arrives With The New Year

GALVESTON — Restaurants and bars will ring in the new year by asking smokers to snuff their cigarettes, but the city has no plans to enforce its new smoking ban.

Beginning Friday, Galveston’s smoking ordinance — one of the strictest in the state — bans smoking in restaurants, bars and private clubs, such as the Veterans of Foreign Wars club, on patios and in outdoor seating areas, including the sidewalks outside venues along The Strand and Postoffice Street.

While some restaurant and bar owners said they plan to obey the city’s ban, the Galveston Police Department said the ordinance is among the last on its list of laws to enforce, city spokeswoman Alicia Cahill said.

Cahill said the police department sees the ordinance as a symbolic gesture; while the city council had good intentions when it approved the plan, it’s “unreasonable for the police department to give (the ban) its undivided attention,” she said.

On the scale of what Galveston police have to deal with day-to-day, the smoking ban falls to the bottom, she said. Police have no plans to raid bars, restaurants and private clubs to ensure they are following the ordinance — officers will respond to complaints, but the officer has to witness a person smoking in an area where smoking is banned to issue a ticket, Cahill said.

The offense is a class C misdemeanor — the equivalent of a traffic ticket — and comes with a $100 fine. Police will ticket individuals, not bars or restaurants, she said.

“They’ll do their best and respond to calls as they come in, but it’s not a top priority,” Cahill said.

Bar and restaurant owners have complained about the ordinance, which they say will harm already struggling island businesses.

They have consistently asked city council members to amend the ban to allow smoking on decks and patios. Council members on Dec. 10 amended the ordinance to allow smoking in stores specializing in cheap smokes products — that amendment benefits only Havana Alley Cigar Shop and Lounge, 415 21st St.

However, council members fearing they were giving the shop an undue advantage, prohibited the shop from allowing its patrons to sip beer, wine and liquor inside the store. The shop also must install a ventilation system and ban anyone younger than 18 years old.

While cigar afficionados puff away at Havana Alley Cigar Shop and Lounge, Eldridge Langlinais will be boxing up ashtrays at Pink Dolphin, 904 Ave. M.

Langlinais, co-owner of the bar, said he plans to pass out Champagne at midnight and scoop up ashtrays from tables. If he catches anyone smoking after midnight, he’ll ask the violator to leave. Langlinais said he understood not allowing people to smoke indoors but said banning smoking outdoors on a patio or near a doorway seemed unfair.

“I sure don’t like it,” he said.

Langlinais said he worries he’ll lose some of his regulars who walk to his bar after work to sit, relax, prop their feet up, snack on chips and smoke their cigarettes.

“They can’t do that anymore,” he said. “They’re telling us they just won’t do that anymore. They won’t come in. They’ll just go home.”

Although Guy Taylor, owner of the Stork Club and a vocal critic against the outdoor smoking ban, said he had no plans to tell people they can’t smoke, he will box up the glass ashtrays that adorn the tables at his downtown bar and restaurant, 2101 Postoffice St.

But, like Langlinais, Taylor said he won’t throw the ashtrays away. They plan keep the ashtrays in storage until the next city council election.

“There’s a real undertow in the business community to replace (the city council members),” Langlinais said. “Maybe the next city council will alter (the ban) and allow smoking in more common sense kind of way.”

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