by Marti Wilkinson

Created on: October 28, 2008   Last Updated: October 29, 2008

The responsibility for enforcing the State of Illinois smoking ban lies in the hands of the public health department. By not enforcing the law the Sangamon County Health Department is showing an unwillingness to act in the interest of the public. Regardless as to how anyone feels about the smoking ban the bottom line is that it's the law and business owners are required to follow it. The people who own and run bars, restaurants, and businesses in Illinois have an obligation to the wellbeing of their patrons. Simply put, the places which refuse to comply with the law are showing a blatant disregard for public health.

Instead of looking at it as a smoking ban issue lets frame this discussion differently. Restaurants and bars are required to maintain specific sanitary conditions to safeguard the health of their workers and patrons. Failure to do so can result in fines, being shut down, and patrons who wind up either in the hospital or the morgue. A public health department which refuses to enforce health codes can and should be subject to investigation in the event that people are harmed. Also a business which harmed consumers due to negligence could be subject to personal injury lawsuits which can result in expensive settlements. If I see a business that is unwilling to follow the smoking ban then I have to wonder what other regulations are perceived as being optional by the owners. I can only imagine the health code violations which filter through nicotine tainted walls.

On the other hand, there are people who cannot enter places where there is indoor smoking due to medical issues. Prior to the smoking ban I had a friend who would not go to specific places because she knew that these businesses would make her sick. In this situation the smoking ban runs the risk of misleading prospective patrons into thinking that a bar or restaurant is safe to go into. In this instance the lack of enforcement can potentially have a tangible public health impact. Will it take a death or a hospitalization followed by a lawsuit to motivate the county to follow up on this? I hope not.

If this is truly a case where the law cannot be enforced then it needs to be resolved by our state legislature. Perhaps the police departments can start writing up tickets and fining patrons who light up indoors. It's not unheard of for underage drinkers to receive citations so perhaps the most effective way to enforce this is to institute similar practices with smokers. As a former smoker myself if I had to face a huge fine for lighing up a cigarette that would certainly motivate me to take it outside. It also takes the responsibility for compliance away from the businesses affected by the current law and enforcement away from the public health department. Until then, the ball is in the court of the county health departments.

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