Smoking ban scheduled to start Oct. 1 in Montana

Unless the Montana Legislature drastically overturns its decision in 2005, smoking will become illegal in the state’s bars and casinos starting Oct. 1.

“It does have to go through the legislative session again,” Holly Salsbury, head of the Richland County tobacco prevention program, said. “If they rescind or something happens, then it may not take place.”

Montana’s Clean Indoor Air Act was partially implemented in 2005. That law prohibited the use of tobacco products in such places as public schools, restaurants, stores, public and private office buildings, trains, buses, other forms of public transportation, health care facilities, auditoriums, arenas, assembly facilities and meeting rooms open to the public.

Bars and casinos were exempted until October 2009 provided that smoke from the bar doesn’t infiltrate into areas where smoking is prohibited.

Salsbury notes three area bars – the Triangle Nite Club, the Sidney Country Club and Bink’s Bar in Savage – elected to go smoke-free prior to the 2009 deadline.

“Those are the three businesses that went ahead of the law,” Salsbury said. She’s heard each of the businesses have received some compliments about the policy.

She explains that because of the four-year exemption for bars and casinos created in 2005, the Montana Tavern Association made a handshake agreement not to fight the bill in 2009.

The main opposition appears to be coming from Sen. Jerry Black, R-Shelby, who has reportedly drafted a bill to permanently exempt bars and casinos. That bill, however, hasn’t been submitted in the Legislature, which began meeting Monday.

If the law goes into effect Oct. 1, it’s expected to slow activity at local bars and casinos at least for a while.

“It’s going to be a big transition. I’m sure there are people definitely not happy about it,” Salsbury said.

Joel Kleinsasser, manager at the Cattle-ac, added, “I think it will take a toll on business for a while.”

He feels people should have the choice to relax with a cigarette at lunch time after not being able to smoke at the office all day.

“Personally, I think it should be up to the establishments like it is now,” Kleinsasser said.

Brian Heck, co-owner of the Regal Eagle Bar and Casino, says one positive for bars and casinos is that everybody will be in the same boat. “Because everybody has to do it, if it causes headaches it will be for everyone.”

The Montana Department of Public Health and Human Services reports that 75 percent of Montanans support the Montana Clean Indoor Air Act now compared to 67 percent in 2006. The department also says 87 percent of those surveyed feel it’s important for bar and casino employees to have a smokefree workplace.

Penalties for violating the law include: A warning for the first violation; a written reprimand for the second violation; and within any three-year period, $100 for a third violation, $200 for a fourth violation, and $500 for a fifth or subsequent violation.

“It’s more of an education law really,” Salsbury said. “That’s how I approach it. I try to work with them.”

Health officials hope the law will lead some individuals into a tobacco-free lifestyle. Salsbury said the participants of the Montana Quit Line get a package of benefits that includes free and personalized counseling from experienced counselors, self-help materials and free NRT (nicotine patches, gum or lozenges).

editor@sidneyherald.com