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Browsing Posts tagged no smoking challenge

To all of those innkeepers that still allow smoking in their hotel rooms, this request for assistance demonstrates how damaging smoke can be to your property and may end up permanently impairing your ability to sell your rooms:

Dear Mr. Barth, I came across your website through a Google search regarding third hand smoke. Our company is currently involved in a lawsuit regarding a tenant’s security deposit being withheld due to third hand smoke damage in their apartment. At this point, the damages have exceeded their security on deposit and we are seeking additional damages since we have been unable to re-let said apartment due to the odors contained within. We have had to hire professional companies to give us estimates for restorative work in this apartment since the smoke odor has penetrated the wood flooring, walls, ceiling, a/c’s, etc. ….Upon re-taking possession of her unit, we were immediately aware of the smoke odor but truly thought we could paint and clean our way back to a clean smelling apartment. To say the least, we were wrong. We have tried desperately to re-let this apartment and have even lowered our rental rate in hopes of securing a new tenant. However, every prospective tenant complains about the odor and ends up walking away.

For the sake of the health of your customers and employees as well as your bottom line, do not allow smoking.

Earlier this month, Avis Budget Group, Inc. announced that beginning in October 2009, its entire fleet will be smoke free.  Avis Budget Group operates Avis and Budget rental cars.

The company has instituted a new inspection process, and a cleaning fee will be assessed if a vehicle is returned with a tobacco odor or residue, guaranteeing each vehicle is clean and smoke-free.

When he learned of the Avis and Budget smoke-free fleet, Hospitality Lawyer Stephen Barth said, “This is a big step for the smoke-free challenge.  Every hospitality segment in the world, whether hotel, restaurant, or rental car company, should be smoke-free.  Inside and out.  It is the right thing to do for your employees and your guests, for your risk tolerance, for your property, and for your bottom line.”

In December 2007, Stephen Barth issued a challenge to the entire hospitality industry to go smoke-free.

In the wake of renewed global concern of a H1N1 pandemic, hotel lawyer Stephen Barth urges the entire hospitality industry (specifically, hotels, restaurants, clubs), as well as all places of public accommodation to be smoke free, both inside and outside.

There should not be smoking in places of public accommodation.  Period.  Smoke-free means zero smoke on the grounds and the facility, which includes no smoking in the parking lots, garages, pool-side, on balconies or verandas, or anywhere in the facility.

Secondhand smoke drifting from outdoor areas can easily find its way into the hotel facility. Those that smoke in an outdoor area (especially those in close proximity to other smokers and, accordingly, their smoke) bring third-hand smoke (smoke residue) back into the facility on their clothes, hands and hair. Both secondhand and third-hand smoke can greatly diminish the air quality in the hotel’s public area and guest rooms.

The fire hazard in and of itself, especially in hotels, should be enough to warrant the prohibition of smoking.  But now, with the very real threat of a pervasive pandemic and the viral nature that is transmitted via second and third-hand smoke, it is incumbent upon all places of public accommodation to be completely smoke free.  Guests and employees need to be prohibited from smoking on the entire property of the public place of accommodation (i.e., hotels, restaurants, clubs, airports, and cruise ships).

The health and safety of their employees and guests demand a smoke free environment.  Any other approach is a gross disregard for the safety and welfare of those constituencies.

As AH&LA states in its bulletin on the H1N1 pandemic (available here), in the case of a pandemic, hoteliers should “be sure the ventilation and all air movement systems are not moving contaminated air into other parts of the establishment.”

Additionally, smoking outside is not a solution.  The smoke does not dissipate immediately.  It lingers.  It gets blown into nonsmoking areas and sucked into air circulation systems.

It is imperative that all places of public accommodation consider whether they are truly smoke-free.

Recently hotels have been describing themselves as “smoke-free.”  I caution the industry to scrutinize what is occurring at their hotels before labeling it “smoke-free.”

Smoke-free means zero smoke on the grounds and the facility, which includes no smoking in the parking lots, garages, pool-side, on balconies or verandas, or anywhere in the facility.

Secondhand smoke drifting from outdoor areas can easily find its way into the hotel facility. Those that smoke in an outdoor area (especially those in close proximity to other smokers and, accordingly, their smoke) bring third-hand smoke (smoke residue) back into the facility on their clothes, hands and hair. Both secondhand and third-hand smoke can greatly diminish the air quality in the hotel’s public area and guest rooms.

Hotels that claim that by allowing smoking areas, they are accommodating all guests are being disingenuous. Allowing smoking around the pool, for instance, means the vast majority of the guests must breathe in tainted air to enjoy the pool area.

That is not an accommodation for all guests.  It is an accommodation for a fraction of guests that disturbs a significant number of other guests.  It is only putting very marginal revenue ahead of the health and welfare of your guests.

If one guest wanted to play music so loud that it disturbed other guests, the innkeeper would not hesitate to insist that the music player turn down the volume so that it does not disturb the other guests.

Allowing smoking in places of public accommodation is a poor customer service decision and a poor business decision.

Read my challenge to the hospitality industry to go smoke free at http://blog.hospitalitylawyer.com/2007/12/05/hospitalitylawyer-stephen-barth-founder-of-hospitalitylawyercom-challenges-the-industry-to-go-non-smoking/.

On July 1, the Iowa Smokefree Air Act became effective.  The law regulates smoking in public places, places of employment, and certain outdoor areas.  For more information, please visit http://www.iowasmokefreeair.gov/.

Related Links:  Please view Stephen Barth’s Challenge to the Hospitality Industry to Go Non-Smoking

Read Barth’s NonSmoking Challenge to the Industry

Beijing announced on Friday that it would ban smoking in time for the Olympics.  The ban would cover most public buildings.  According to the USAToday article, “restaurants, bars, and hotels can still allow smoking but must provide smoke-free areas or rooms.”  In a city where “23% of those above age 15 smoke,” one restaurant preempted the ban and went smoke free last week.  The restaurateur already reports improved business and customer satisfaction.

Mexico City also has recently banned smoking in all public areas.  Read the blog post here.

Sheraton Hotels recently announced a smoke-free policy.

Choice Hotels’ Comfort Suites brand is also 100% smoke free.

Atlantic City recently closed a loophole in its state’s smoking ban, which allowed smoking in gambling halls.  According to the Associated Press article, casino employees supported the initiative, wearing T-shirts with the slogan “Nobody deserves to work in an ashtray” emblazoned across the front.

Isn’t it time your business supported a smoke-free policy as well?

MEXICO CITY, one of the world’s smoggiest cities, has banned smoking in all public spaces, including bars, restaurants and office buildings. Mexico City is the largest city in the world to pass a smoking ban. Exceptions to the new law, which was passed by the city assembly late last year, include parks, soccer stadiums and outdoor seating areas. Smokers who violate the new law will be fined between $50 and $300, with higher fines, including closure, for restaurant and bar owners who ignore the rules.

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.
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It eliminates the business migration concern.
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It greatly reduces maintenance and replacement costs.
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It substantially reduces the risk of a fire due to a lit cigarette.
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Specifically for the lodging industry, it eliminates problems of allocating guest rooms based on smoking and non-smoking.
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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