HospitalityLawyer.com Blog

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/.