Reaction mixed to smoking ban

A sign inside the El Rancho 49er Lounge informs smokers of the new law. [Photo by Brian Leddy/Independent]

By Leslie Wood
Staff Writer

Charlie Williams, a resident of Canton, Ga. working in Gallup, takes a drag off a cigarette outside the El Rancho Hotel on Monday evening. As of this past Friday, New Mexico joined neighboring Arizona, Colorado, Utah and 16 other states that have enacted smoking bans in restaurants, bars, indoor workplaces and public places. [Photo by Brian Leddy/Independent]

GALLUP — Opinions vary citywide about the recently instated state law that bans smoking in public places, including popular restaurants and bars.

The New Mexico Legislature passed a law during its 2007 session that prohibits smoking in bars, restaurants, stores and most other indoor public places. The statewide ban comes two years after the Gallup City Council rejected a local proposal that would outlaw most public smoking.

The state law that took effect June 15 has caused some adjustment for smokers who dine at select local eateries for their tobacco-friendly policies.

Irene Reano, a longtime Earl's Restaurant customer, said the smoking ban has disrupted her morning routine. Reano and a group of friends used to drink coffee and smoke cigarettes at the restaurant's counter that was located within the designated smoking section.

"I'm an Earl's customer of 18 years," Reano said. "This is the only restaurant I smoke in and I miss it."

She said the restaurant's smoking section was isolated, well-ventilated and the fumes didn't bother non-smoking customers.

Signs posted at the entrance to the restaurant now explain the recently imposed ban to customers.

Brian Orillie, a manager for Earl's Restaurant, said he's collected quite the stash of ash trays that no longer have a use since the ban was instated. He jokingly said he plans to sell the cases of unneeded trays.

"I'm kind of neutral on the topic," Orillie said. "I'm a non-smoker, but I have a lot of family who smokes,"

A few customers have expressed concern about the ban; however, several smoking patrons light up outside the business in response to the indoor smoking ban.

Joe Zecca, the owner of American Bar, said he is wary of government interference in the issue.

"I think it's an individual's decision as to whether he or she should smoke," Zecca said. " ... I think there are too many government regulations."

He said it is too soon to determine whether the ban has affected business, but he hasn't received many complaints as of yet.

Archie Baca, owner of Jerry's Restaurant, said smoking was never a "big issue" at his restaurant. Most of his customers were "very considerate" of non-smoking customers, he said.

Pete Cramer, of Silver City, said he is a non-smoker who supports the ban.

"We don't like to go into places that smell like smoke, especially restaurants," Cramer said as he waited for his breakfast at Jerry's on Monday.

The exceptions to the ban include retail tobacco stores, cigar bars, casinos, bingo parlors, private clubs, smoking permitted hotel and motel rooms and one and two-person offices not generally open to the public.

Violators could face fines of up to $100 for a first violation, up to $200 for a second offense within a year and up to $500 for a third violation within the same year.

Capt. John Allen, a spokesman for the Gallup Police Department, said the agency will refer all calls of smoking ban violations to the Gallup Fire Department for enforcement.

"Our resources are taxed to the limit at this point," Allen said. "It's definitely not going to be one of our priorities."

Chief Robert Soto, of the Gallup Fire Department, said he would like to set up a meeting between the agencies to discuss smoking ban enforcement.

"We're not law enforcement and we don't have the capabilities to issue those citations. Right now, it's kind of up in the air," Soto said. " The way I look at it, enforcement falls on the police department."

According to the bill entitled House Bill 283, citations can be issued by the appropriate police department, fire department and sheriff's department depending upon jurisdiction. Residents can also make complaints to the agencies about inappropriate smoking.

"It's a little unclear as to whether the police and fire departments should go out and issue the citations or if this is complaint driven," City Attorney George Kozeliski said of the bill.

Ultimately, both the agencies will take direction from the new city manager about who will be responsible for enforcement, Kozeliski said.