Sheboygan's Smoke-Free Ordinance

The City of Sheboygan's smoke-free ordinance is one of a handful of municipalities being challenged by the Tavern League because their definitions of "enclosed space" and "substantial wall" are different than the State's.

City officials took steps to make the law easier to understand and enforce in June of 2010 when they adopted language suggested by the Department of Commerce. Sadly, the Tavern League seemingly neglected to inform Sheboygan tavern owners of the difference in definitions resulting in several "smoking rooms" that do no comply with the city ordinance. And now the Tavern League is challenging the legality of the ordinance language.

It is important to remember that the most important reason this law went into effect was to protect workers and the public from exposure to secondhand smoke. It is also important to note that no where in the state law, does it say that "smoking rooms" are okay. The technicalities come into play when someone tries to define where you can smoke by reading language that explains where you can't smoke.

I totally agree that several of the definitions in the state law are confusing. And I apologize to all parties involved that a year ago no one really knew what the definitions meant or who was the "all powerful" that could say "Yes, you can smoke in here." That's not the point of the law however. The point is that smoking should be done outside. Public Health doesn't want to say "you can smoke in here" because we don't want anyone smoking "IN" anywhere.

Last week I had the pleasure to accompany a Sheboygan Police Office, City Attorney and two Building Inspectors on visits to 10 different establishments all that had "smoking rooms." Only two had enough open air space in the walls to not meet the city's definition of "enclosed space" therefore, being able to allow smoking. The other eight failed compliance with the city's ordinance and the state law.

We gave tavern owners clear answers about what was allowable and what was not, and answered questions they had. I realize that our answers might not have been what they wanted to hear and that they are frustrated about spending thousand of dollars and countless hours building their "smoking rooms." We are just there to help them comply with the law/ordinance. Sadly these owners had gotten some misinformation a year ago, acted on that misinformation, and now they're questioning everything and pointing fingers. Its unfortunate that trying to protect people's health has come to this, but I'm hopeful that this will turn into something positive after the smoke clears (pardon the pun;-).

The ordinance will be looked at again sometime in June and re:TH!NK will be available to offer assistance as needed. We'll keep you posted.

To read the latest "Sheboygan Press" article regarding the ordinance, click here.