Smoking ban's choice is Catch-22, some bars say

NORFOLK

Restaurants and bars have a choice under Virginia's new smoking law: Go smoke-free by Dec. 1 or set up a room for smokers that is walled off and separately ventilated.

For Dave Willis, it's no choice.

His 1,200-square-foot Norfolk bar, the Haven Inn, is too small to subdivide, he said. Willis estimated that 90 percent of his customers smoke, but that'll change come December.

"I'm going to have to abide by it, and I'm probably going to go out of business," Willis said. "A lot of my customers said they may go to 7-Eleven and get a 12-pack and sit at home, where they can smoke. Nobody wants to go out in the rain and cold to smoke."

Most restaurant and bar operators interviewed recently said that, like Willis, they would ban smoking by December.

Megan Svajda, director of government relations for the Virginia Hospitality and Travel Association, predicted few would put up "a separate room with a ventilation system."

"In general, it costs too much," Svajda said. "They're doing everything they can to keep their doors open, with the economy the way it is."

Not everyone, though, is ruling out a smoking room.

Ronnie Boone owns and operates three bars in Norfolk. One of them, Greenies, on West Ocean View Avenue, already has a separate smoking room, he said. "Our main customers are military people, and a lot of them smoke," he said.

Boone estimated that he'll spend $15,000 to retrofit the room in Greenies. It already has its own ventilation, Boone said, but isn't completely separated. He's not sure what he'll do about the other two, the Ocean View Fishing Pier and the Thirsty Camel.

Pancakes N Things on Indian River Road in Virginia Beach also has a smoking room, owner Nick Manolakas said. But he'll go smoke-free later this year.

"I was going to do it a long time ago, but I didn't want to be the black sheep," he said.

The transformation, he said, will offer a bonus: Finally, he'll be able to use what is now the smoking room for parties.

Some places have tried to strike a balance by allowing smoking at certain times. Maxwell's Tavern, on Volvo Parkway in Chesapeake, decided last year to ban smoking until 3 p.m.

Owner Tommy Arney said now he will go totally smoke-free.

The restaurant, he said, lost a few lunch customers after he changed the smoking hours last year. But Arney, a cancer survivor, said he, his family members - none of whom smokes - and other workers will benefit from the clear air.

Some outlets will relegate smokers to outdoor areas, which the law permits. Boneshakers Saloon, a biker bar on General Booth Boulevard in Virginia Beach, will ban smoking indoors but allow it on the outdoor deck, said owner Bobby Gitlitz.

Barons Pub and Restaurant has two locations, on High Street in Portsmouth and Main Street in Suffolk. Both will probably go smoke-free, co-owner Tyler McMillen said, but smokers will be able to use the outdoor deck in Portsmouth.

The state law applies to restaurants and bars, but not private clubs. Bowling alleys that provide food service also must comply, said Gary Hagy, director of the Virginia Department of Health's Division of Food and Environmental Services.

The law mandates that a smoking room be "separately vented" and "structurally separated" from the rest of the business. It defines "structurally separated" as having a "stud wall covered with drywall or other building material" going from floor to ceiling.

Willis can't see how it would work at the Haven Inn, which is on Military Highway, just south of Interstate 264.

It's a tight place, with a bar that seats 14 and six tables that accommodate 25. It also has two pool tables, two electronic dartboards, two video-game machines and a jukebox.

On a recent afternoon, the bar was dimly lit. The air hung thick with smoke. Every stool was taken. Even in the midst of the NCAA basketball tournament, two television sets were tuned to NASCAR.

Some smoking customers, including Todd Richardson, a daily regular from Virginia Beach, said they'd probably stop coming with a smoking ban.

"It would be like going to Vietnam without a gun," said Richardson, 45, who was juggling a Bud and a Marlboro.

But Robert Wynn, 44, of Virginia Beach, said he'll keep coming with his buddies.

"If I want one, I'll just go outside," he said. "It ain't that cold anyway. I don't want to see the man lose his business."

Some owners grouse about the law's demands.

"I haven't been pleased with it since day one," said the Haven Inn's Willis. "They have murders; they have drive-bys. Don't they have better things to do than this?"

Others, though, say the changes could bring in more business.

"Overall, this is one of the times when I'm getting Big Brother to be the heavy," Gitlitz said. "I think, in this day and age, it's a good law."

Pilot writer Carolyn Shapiro contributed to this report.

Philip Walzer, (757) 222-3864, phil.walzer@pilotonline.com