Breath of Fresh Air for Non-Smokers
State’s Smoke-Free Air Act puts out smokers’ rights, attorneys say

By Olivia Tattory

Mixed student reactions fill the air in place of cigarette smoke following New Jersey’s Smoke-Free Air Act, which took effect nearly a week ago. On a campus where students work and hang out at the local restaurants, the effect of the ban was evident.

“I was really surprised last night [Tuesday] when I went into Applebee’s and it didn’t smell like the regular smoky Applebee’s,” said sophomore Emily Carangelo. “I could notice a difference in the air.”

The ban officially started at 12:01 a.m. on Saturday, April 15, although no police sweep or official actions of enforcement were carried out. The act bans smoking in virtually all public areas with the exception of the gambling floor in casinos, and it carries fines of $250 to $1,000 for the individuals who smoke in a public place as well as for the businesses who let them.

The law was primarily passed in order to lessen the health risk for non-smokers, but also may make smoking less socially acceptable. Regina Carlson, co-founder of the New Jersey Group Against Smoking Pollution (GASP) currently serves as executive director of the organization, which pushed for the act.

“We are, of course, delighted and very proud of our efforts,” said Carlson. “It is a powerful message to everybody, especially children. It is also a good message to smokers to either smoke less or even become non-smokers,” she added.

According to a Bucks County Courier Times article on Saturday, April 15, health officials have estimated that second-hand smoking claims up to 1,800 lives a year in New Jersey alone.

“I think the ban is necessary because there are a lot of people who don’t smoke and who don’t want to inhale the chemicals which endanger their health,” said junior Megan Harry, a former smoker who recently quit. “I completely understand and support the ban and would even if I was still a smoker.”

Sophomore Leah Boeninghaus agreed.

“I was a non-smoker once and know what it’s like to have to breathe all that in,” she said. “I just think it will be an inconvenience to the smokers.”

But with the summer months rapidly approaching the ban may not be such an inconvenience after all.

“In the summer it won’t be so bad because it’s nice out, but once winter comes it will be annoying to have to go outside in the freezing cold for a cigarette,” said junior Jackie Smith, a smoker.

Although this may be true, many students, including Smith, see this inconvenience as a benefit to smokers.

“It will definitely help me to save money. Instead of smoking half a pack of cigarettes one night out, I might only smoke two or three, and maybe I’ll even eventually end up
quitting.”

In response to the ban, following the exemption of the state’s 12 casinos, a coalition of bars, bowling alley operators and restaurants are suing the state, looking to see The New Jersey Smoke-Free Air Act declared unconstitutional.

“Our case is simply that the legislature is discriminating against the bowling alleys, restaurants and the alike. It is to our detriment and to their benefit that our rights are being violated under the Equal Protection Clause,” said Robert W. Gluck, an attorney representing the coalition.

Thanks to an intense period of lobbying by the casino industry, smoking is permitted on the gambling floors of casinos. Casino industry officials said the smoking ban would keep gamblers away, which would have a harmful effect on the profits casinos earn and share with the state.

State officials have used the media to target business owners and smokers in order to educate them about the new law, its regulations and its penalties, while the health officials responsible for enforcing the law were hoping for voluntary compliance among New Jersey smokers. Many students don’t believe the voluntary compliance expected among bar and restaurant patrons will work, saying that completely outlawing cigarette smoking in public places almost seems impossible.

“I don’t think it will go over very well,” said Boeninghaus. “I definitely see places secretly and illegally allowing people to smoke.”

The effect the ban has on restaurants’ and bars’ profits is still yet to be seen on a larger scale. Smith is currently a waitress at Hopewell Valley Golf Club.

“Working at the club is a little different because they [the patrons] are members and they have to come,” said Smith. “They pay their fees, and now that it’s golf season, they come out even more.”

On the other hand, some students feel it will have a negative effect on businesses. Junior Nicole Estrella is a waitress at T.G.I. Friday’s and feels that, although the restaurant will keep its regular customers, the late-night bar crowd may begin to shrink.

“If college students aren’t able to come to the bar, have a few drinks, relax and smoke, then I could definitely see them just not coming at all some nights,” she said.

An additional ban that will prohibit outdoor smoking within 25 feet of public buildings is estimated to take effect within the next four months. Smith is already experiencing this at her job, where she is required to stand in a new designated area to smoke, rather than just step out back of the club.

“That ban is definitely an inconvenience,” she said. “I can’t just run out for a quick smoke anymore, it’s annoying.”