HospitalityLawyer

In my first blog posting, I am writing to challenge those of you in the hospitality industry that have not already gone smoke-free to join the growing smoke-free trend and prohibit smoking in all workplaces, including restaurants, bars, hotels and casinos, both indoors and outdoors.   

Current Legislation Gap 

As you are aware, many local communities and states have passed legislation to restrict smoking in the workplace.  These ordinances are fairly inclusive in nature but most stop short of being comprehensive.  Local and state politics as well as special interests prohibit a total no-smoking ban, particularly in the hospitality arena.  Many local ordinances contain a number of exemptions.  For example, bars may be exempt or restaurants and bars will have exemptions for outdoor seating areas.  Hotels will have exemptions for lobbies, banquet rooms, and a percentage of guest rooms.  The main justification for the exemptions is that the local industry will suffer due to the migration of business from smokers to businesses outside the jurisdiction of the ordinance.   

Solution and Scope of Benefits 

The only solution is a comprehensive ban that equals the playing field and makes the argument moot.  I think there is a great deal of support for a comprehensive smoke free initiative from the hospitality industry for the following reasons:  

- It dramatically reduces worker health issues.
- It eliminates the business migration concern.
- It greatly reduces maintenance and replacement costs.
- It substantially reduces the risk of a fire due to a lit cigarette.
- Specifically for the lodging industry, it eliminates problems of allocating guest rooms based on smoking and non-smoking.
- Given what science has told us about the dangers of secondhand smoke, it is becoming indefensible for restaurants and bars to have their employees working in smoking environments.  It is even more remarkable when we realize that many of these same employees are not provided health insurance. 

Indeed, several large lodging chains, such as Marriott and Westin, have already gone smoke-free voluntarily.  According to company representatives, the results have been extremely positive.   

Other Reasons to Support A Nationwide Ban 

Preempting Union Initiatives 

Not going smoke-free leaves our industry vulnerable to union initiatives, as the employee health concern is an open invitation for union necessity.   

Tourism  

The dollar is declining and making the U.S. more attractive to foreign tourists.  Demand is high, so now is the time to take the lead (as we did with the airlines and with the ADA) to demonstrate to the world that we not only do things well, but we do the right things. 

So let’s not wait for a comprehensive federal ban.  Let’s go smoke-free, inside and out because it is the right thing to do for all of our employees, all of our guests, and all of our businesses.  Having a smoking section, inside or outside, is like having a  

peeing section in a swimming pool. 

Smoking is an Assault and Battery on Non-Smokers 

Smoking around people that do not smoke while knowing that smoke drifts and will end up on another person or breathed in by another person is an assault and battery. In layman’s terms, it is the equivalent of an unwelcome and offensive touching. Hospitality operators would never tolerate a guest spitting or urinating on another customer and similarly we should never allow a guest to smoke around our customers, inside or outside. Smoke DRIFTS throughout patios, parking garages, sidewalks, from guestroom to guestroom and from smoking floors to non smoking floors. 

Contrary to the belief of many in our industry, smokers do not have a right to smoke when that smoke touches another person…period. One person’s civil rights end where another person’s civil rights begin. Simply put, by accommodating and/or promoting smoking on our properties we are aiding and abetting an assault and battery on our customers and our employees. 

To see a humorous, unique perspective on the impact of smoking on non-smokers, view this video. 

Conclusion 

Let’s stop putting short-term shareholder wealth above short- and long-term employee and customer health.   

This idea that we allow smoking “to accommodate ALL of our guests” is just a pretext, a disingenuous justification so some can try to squeeze marginal revenue out of their properties at the expense of the health of their non smoking customers and their employees. 

Let’s follow the courageous example of Westin and Marriott and the thousands of independent hotel and restaurant operators and be tobacco-free, inside and outside.  It is the right thing to do, for all of our customers, our employees, our facilities, and our bottom lines.   

Helpful Links:

- Reuters Article:  Toxin detected after 1 shift in smoky bar: study

- The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General

- Restaurant Owner, Manager & Employee Quotes In Support Of Smokefree Air by the Americans for Nonsmokers’ Rights

- Casino Management & Policymakers Support Smokefree Casinos and Smokefree Gaming by the Americans for Nonsmokers’ Rights

- Casino Employees Support Smokefree Casinos and Smokefree Gaming by the Americans for Nonsmokers’ Rights

- Economic Impact of Smokefree Ordinances: An Overview by the Americans for Nonsmokers’ Rights

- Business Costs In Smoke-filled Environments by the Americans for Nonsmokers’ Rights

- Not Blowing Any Smoke – Bill Marriott’s Blog on the effect of Marriott’s smoke free policy

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This entry was posted on Wednesday, December 5th, 2007 at 6:26 pm and is filed under Legal, Safety, Security, Social and Economic. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.