NC smokers get a kick in the butts

You thought it would never happen. You thought there was no way there would ever be a smoking ban along Tobacco Road. Well, it happened. Now all it needs is the governor’s signature to become law, and she’s promised to sign it.

So now what? Surely the sun will stop rising and the rivers will flow backwards as the Four Horseman of the Apocalypse saddle up. Actually, no. I know what will happen. It’s not that I’m some sort of soothsayer. It’s that the last two places I lived before moving to North Carolina passed and implemented smoking bans. And as far as I know, the sun still shines bright on my old Kentucky home and the water still moves the right direction way down upon the Suwannee River in Florida. (Stephen Foster didn’t write North Carolina’s state song, too, did he?)

When I lived in Gainesville, FL, 71 percent of voters approved a constitutional amendment to ban smoking in workplaces across the state. Smokers, of course, panicked. They were certain their social lives were over. But when it took effect July 1, 2003, even smokers found life as they knew it did not end. It helped that Florida’s tropical climate fostered outdoor seating at many bars and restaurants, giving smokers the opportunity to enjoy their meals and beverages with a cigarette, though they and those of us hanging out with them had to endure the heat and humidity of Florida summer nights.

But that’s Florida, you say. It’s not like they banned orange juice, you say. Tobacco is a cash crop and a way of life in North Carolina, you say. I heard the same arguments when I lived in Lexington, KY. Kentucky is second only to North Carolina in tobacco production, but I would argue that perhaps because of a lack of an economy as diversified as North Carolina, tobacco plays a bigger role in Kentucky than it does here. That’s just personal experience, but I firmly believe it. Anyway, just as Florida’s statewide smoking ban went into effect, leaders in Lexington, the heart of the Bluegrass, decided on a countywide smoking ban. It ignited a legal battle that went all the way to the state supreme court. Lexington won, and the city and county went smoke free. The governor later banned smoking in most state buildings, though it was still allowed on the floor of the legislature. Louisville followed with a smoking ban later as well.

Now in Kentucky, the adjustment period was a little different, because the Lexington ban affected just one county. Smokers vowed to cross the county line to dine out and party. They vowed to boycott Lexington. Then they realized that Lexington had all the nice places to go out. Cold winter nights were a jolt to many smokers. Some toughed it out for a quick drag in the freezing cold. Others gave up the fight and either cut back or quit smoking altogether, which is the point of the ban in the long run.

In both Florida and Kentucky, as well as California, which already had a smoking ban before I moved there, most people I knew accepted the new reality and adjusted to the bans. I knew many smokers who actually appreciated it. They didn’t like reeking of smoke after a night out any more than those of us non-smokers. Some used it as the final reason they needed to quit.

Of course, there are consequences. The laws are never totally fair, and our new law likely won’t be either. California had a requirement for the number of employees designed to keep the ban from affecting someone working at home, but some small bars with just a couple of workers used it to their advantage. The Florida and Lexington bans gave an unintended advantage to restaurants and bars with outdoor seating. That forced some long-standing establishments in Lexington to go out of business as patrons chose other options. North Carolina’s law includes an exclusion for "private clubs." We’ve already seen bars that are private clubs come under fire for reportedly using a waiting period for membership to keep Marines out. I wonder if they’ll be able to use this new exclusion to let smokers in.

There will likely be a drop in revenue for many businesses when the ban taxes effect in January. That’s bad not only for them, but for all of us because of a corresponding drop in tax revenue. But over time, I think we’ll see fewer issues with the bans. You will get used to it. The air will be clearer. The threat of second-hand smoke will go away. The dangers of first-hand smoke will lessen for many. The costs of taking care of smokers’ health care will drop.

It is an interesting and controversial balancing act. But it’s one I think is for the better.