Bar patio smoking ban passes
New law "not going to be enforced," says backer

By Chris Busby

On Wednesday night, the Portland City Council passed a law banning smoking on bar and restaurant decks and patios, under certain conditions, by a 7-2 vote. Peninsula district councilors Kevin Donoghue and Dave Marshall, who together represent most of the small handful of establishments affected, voted against the ban.

The new law, which goes into effect in early October, prohibits smoking in outdoor seating areas before 10 p.m., when wait staff are serving customers food or beverages on any portion of the area. The ban does not apply at establishments where customers can order food or beverages inside and then take their food or beverage outside for consumption, provided they are not served by wait staff while outside.

Violators — both individuals and establishments — would first be given a verbal warning by police. A subsequent violation would result in a citation and fine. One of the ban's key supporters, however, doubts that'll ever happen.

"It's not going to be enforced," said Councilor Dan Skolnik, who chairs the Health & Recreation Committee that brought the ban forward. "This ordinance isn't even meant to be enforced."

Indeed, it's difficult to imagine Portland police officers taking the time and effort to enforce the ban. An officer would have to stake out and observe patrons smoking at an establishment, then establish that patrons are being served by wait staff before entering the premises to issue a verbal warning. Police officials have previously told councilors enforcing such a ban would be a very low priority, given the city's other public safety needs.

The health benefits of the ban are also in doubt. As Amigos owner Bruce Mills told councilors, smokers can stand right outside patios and puff away, causing secondhand smoke to drift into dining areas. Unlike a similar ban councilors passed last month prohibiting smoking inside and within 20 feet of city-owned playgrounds and athletic fields and East End Beach, there is no buffer zone around non-smoking patios, many of which are on public sidewalks. And the ban's 10 p.m. expiration time does nothing to protect the health of wait staff during what is, for many Old Port and downtown drinking establishments, the busiest time of the night.

A small fraction — fewer than 30 — of the approximately 200 bars and restaurants in town have outdoor seating areas where smoking is allowed.

Mayor Ed Suslovic expressed hope the city will eventually extend the ban until closing time, and that state lawmakers will follow Portland's lead and ban smoking in outdoor seating areas statewide.


Chris Busby is editor and publisher of The Bollard. He can be reached at editor@thebollard.com.