Starting today, no ifs, ands or butts for smokers
July 24, 2003

KRISTA SEYMOUR
Observer-Dispatch

While cigarette smokers took advantage of their last night of smoking in area bars and restaurants, another group of tobacco aficionados went out in high style at Hotel Utica's "Last Legal Smoke-Out."

"I think cigarette smokers and cigar smokers are two separate entities," said Bill Wheatley, one of the hotel's nearly 40 guests who gathered to sample a variety of leaf-wrapped tobacco delicacies.

The Hotel Utica hosted a three-course cigar dinner on the last night before the state's expanded Clean Indoor Air Act, with few exceptions, swept tobacco products away from bars, restaurants and workplaces.

New York, the third state in the nation to pass this type of act (after California in 1998 and Delaware in 2002), now obliges patrons to file complaints with local health departments against establishments where they see people smoking.

"I expect a lot of calls initially, but we're not taking anonymous complaints," said Susan Batson, of the Oneida County Health Department's environmental office. "We're asking people to validate the complaint, potentially sign an affidavit or even attend a hearing."

Under the law, fines begin at $250 and go up to $1,000 in Oneida County, a county run autonomously. In counties run by the state, fines could reach $2,000.

"This is all about snitching," said Audrey Silk, founder of New York City's Citizens Lobbying Against Smoker Harassment. "What other law in New York is based on your neighbor snitching on you?"

But advocates believe the law will encourage people to kick the habit.

"We ... have been looking forward to this day for many years," said John Storey of the American Lung Association's northeastern New York region in a statement released Wednesday. "We will continue to fight efforts to roll back this important public health measure and work to help localities implement this law statewide."

The Hotel Utica isn't taking an official stand on the smoking ban, and Jodie English -- director of marking for the hotel -- said event planners viewed the soiree as an ode to what has been.

The hotel, which reopened in April 2001 after years of disrepair, once was host to many a cigar lover, said Bill Moore, director of food and beverage for the hotel. Earlier in the century, he said, there was a cigar shop in the lobby of the hotel, and some guests continue to associate the hotel with cigars.

"We've had some patrons of the hotel who loved to smoke cigars," English said. "We decided to do this for them."

And as those patrons trickled into the Saranac Room Wednesday evening, their appreciation was apparent.

"Cigars are slower, a little more sophisticated," said Mark McElroy of Clinton. "You're not sucking it down to feed an addiction."

Many others agreed, as they discussed the imminent ban while nursing cocktails and beer and waving the exotically-named slow burners.

"I smoke cigars probably every other week," said Scott Millbower of Rome. "You don't smoke a cigar like a cigarette. It's a 45-minute proposition."

Under the new law, some establishments are able to host events such a cigar dinner up to two time per year, and Moore said the hotel is considering making the cigar dinner a bi-annual event.

"We may have wine dinners in the spring and fall, and cigar dinners in the summer and winter," Moore said.

And no one would be happier with that arrangement than those that gathered there Wednesday.

"You don't have to smoke cigars to enjoy this event," said Angela Mannato-Kistner, who owns Angela's Cigar Shop (formerly Factory 370) in New Hartford. "It's a great social event, and the food is always excellent."

While the guests agreed that they attended the dinner to partake in a favorite pastime and socialize with friends, the smoking ban, mere hours away from reality, was a major topic of conversation.

Mannato-Kistner, the lone woman among the dozens of men gathered around embossed cigar boxes, said that the smoking ban infringes on the rights of business owners and consumers.

At Red Lobster on Commercial Drive in New Hartford, the smoking ban was given a test run this past week when remodeling construction eliminated the smoking section. Chris Digiuseppe, who is training to be a bar manager, said when the remodeling is complete, up to 25 tables that would have been designated for smokers would be open for all guests.

"We haven't had a problem yet," he said, gesturing to the people lined up for a table. "We have a family-style atmosphere. Most people comment that they're glad we're non-smoking."

Down the road at Applebee's Bar and Grill, Scott Donlyuk sat on a curb behind the restaurant for a cigarette break from his job as a line cook. Donlyuk, who smokes up to a half a pack a day, said he hadn't even heard about the smoking ban.

"What do you mean, you won't be able to smoke?" he asked incredulously as he finished his cigarette. "Well, I guess I'm not too worried about it. I don't really smoke when I go out."

But it was another story at Hippo's, a pool hall in New Hartford. Victor Conte, Jr., who has worked for his father at the hall for years, just shook his head when a potential patron asked if smoking would be allowed there.

"I can't afford the fine," he said, shrugging as the man walked away.

"He won't be back," Conte said.

He said the county banned smoking at the hall five years ago, and the effect was detrimental to business. Conte said they fought the ban then and were able to allow smoking in a limited capacity, only to face it again now.

"It's not that I lose customers, but I lose time," Conte said. "Now, if they go out three times an hour for a cigarette, at seven minutes each time . . . I figure I lose a third of my business on half of my customers. This will definitely affect business. It's already happening."

Contributing: Gannett News Service