Blowing smoke: the aftermath of Virginia’s smoking ban
A year and a half ago Virginia passed legislation that limited where people could smoke. Some prophesied that bars and restaurants would lose business because of the enhanced regulations. Did that end up happening?
In late 2009, the improbable happened: Virginia went smoke-free—to an extent. Known throughout the world as a tried-and-true tobacco town, lawmakers in Richmond prohibited indoor smoking in public restaurants under Democratic stewardship of then-Governor Tim Kaine, a Democratic-led Senate, and a Republican-led House. The marriage between Virginia and tobacco is omnipresent. On the ceiling of the Capital Rotunda are leaves of the crop, and as late as the mid-twentieth century, tobacco companies employed 1-in-15 Richmond workers. The largest cigarette manufacturer, Altria (previously named Phillip Morris Companies Inc.) is still headquartered in Henrico County.
Many thought that a city so suffused with tobacco smoking would stymie local businesses. Those concerns were not unfounded. According to 2010 data, 18% of Virginians smoke regularly; for Richmonders, that figure is 20%. Patrons and business owners worried about possible detrimental repercussions that the ban would exact.
That, however, was a year and a half ago. Patrons and business owners have now grown accustomed to the smoke-free nightlife culture. But does that mean that revenue has balanced out? “It’s hard to pack the place with non-smokers,” says Matt Bailey, speaking, as a co-owner, for Curbside, located in the Museum District. Of the smoking ban he says it “absolutely without question has hurt our business.”
A business that will celebrate its ninth year of being open in the coming weeks, Curbside sits in a 110 year-old building, one that Bailey says is “impossible” to renovate. As such, Curbside cannot provide a separate, ventilated room for smokers, which is the only recourse public restaurants have if they want to legally offer an indoor smoking section. As a result, Curbside smokers venture outside, which has irritated local residents because of the increased noise and litter of cigarette butts. Although Bailey has noticed a drop off in business since the ban was implemented, there is the possibility that the decreased revenue mirrors that of the recent economic recession, which was in full swing at about the time the ban took effect. Not all businesses, however, noticed such a downturn.
The Fan’s Joe’s Inn saw an uptick in customers, especially smokers, when the ban took effect. The restaurant already had two separate sections, one of which they easily designated as a smokers side. “Pretty much every smoker came into the smoking side,” says Katie Price of Joe’s Inn. Although the smoker-friendly environment was a boon for business, it ultimately proved to be a double-edge sword. Price says that Joe’s Inn “…couldn’t control how smokey it was,” as smoke ended up wafting into the smoke free side. This past March the restaurant implemented policy preventing smoking before 10pm, which seems to have appeased their non-smoking clientele. Some venues noticed little difference in business after Virginia implemented the smoking ban.
Tobacco Company, an upscale bar and restaurant in Shockoe Bottom, seems relatively unaffected. Of business post-smoking ban, Shannon Siriano, Director of Restaurant Marketing, says that Tobacco Company “has not really noticed a big change.” The restaurant has also been able to avoid the problem of displaced smokers congregating outside the restaurant. Siriano says that there is rarely “a group of people smoking on the side walk.” Thursdays through Saturday, the restaurant opens its downstairs club, which allows indoor smoking on typically the busiest nights of the week. But data indicates that the clientele of upscale restaurants are less likely to smoke, as a correlation exists between higher incomes and less indulgence in smoking.
For some businesses, however, the smoking ban provided needed cover to implement a long-desired no-smoking policy. Ipanema, located near VCU, has low ceilings and, as a result, smoke lingers for longer periods. Customers named this phenomenon “Ipanema Emphysema.” Going smoke free, however, was not a viable option for Ipanema before the legislation. Such a decision would “kill our business,” says Kendra Feather, owner of Ipanema, whose eyes would burn from the surfeit of smoke loitering on nights she tended bar. Because of the state-sanctioned ban “we were able to stay competitive.” Voluntary smoking bans would have put non-smoking bars at a competitive disadvantage. Although some bars might have adopted a no-smoking policy at their discretion, most would not, believes Feather, for fear of revenue depletion. The mandated law put businesses on equal competitive footing. Additionally, the ban has minimized costs to Ipanema’s routine maintenance. “We don’t have to repaint our walls every six months,” says Feather. “It’s happier and healthier.”
Depending upon certain constraints; the ability to offer both a smoking and non-smoking section, and the typical income-level of patrons, businesses fair in varying ways. Those that can offer both a smoking and non-smoking section are the best at handling the smoking preferences of customers. Those businesses, like Curbside, who cater to a clientele that prefers smoking, however, are left to make do. Matt Bailey tells me one of the perks of the ban was the he does not smell like smoke at the end of every night. “But I like having more money,” he adds.
Photo by: SuperFantastic
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Nathan Cushing
Nathan Cushing is a writer, journalist, and RVANews Editor.
Notice: Comments that are not conducive to an interesting and thoughtful conversation may be removed at the editor’s discretion.
Money vs. happiness and health.
What is better for the public? I vote for the latter.
Cancer is expensive.
Maybe get some comments from Legend Brewing? I know they have a separate, indoor, smoking section with direct bar access.
I, like most of the 80% of Virginians that don’t smoke, am happy with the ban. I also completely agree with post #1. Public health and healthcare costs will ultimately reinforce the benefits of the ban.
If the tobacco lobby weren’t so powerful and influential, smoking would have been outlawed in public long ago.
Gripe #2, why do smokers think they have the right to litter and drop butts all over the roads, sidewalks, and medians?
Good point, Michael. Interviewing, every bar, obviously would be quite time consuming, so I wanted to present a snapshot of various types of bars. I would think that Legend Brewing being able to offer both smoking and non-smoking sections, would have encountered an outcome similar to that of Joe’s Inn.
From the people that I talked with, it seems the bars that are handeling the ban best are those that have the resources to offer an environments for both smokers and non.
Great article Nathan.
I agree Andrew, cigarette butts have always been a disgusting problem.
I love coming home from a restaurant and NOT smelling like smoke.
I now go to bars because they are smoke-free and I drop some bucks on drinks. Before the ban, I never went to a bar. I’m very happy the ban was implemented.
This article doesn’t mention the dozens of “speakeasy” bars [without separate smoking/non sections] that simply ignore the smoking ban. Caliente and Empire come to mind right away, but I’ve definitely been to others (that still leave ashtrays out!). Some are even rude to non-smokers and try to force them out. Joe’s doesn’t even adhere to its own “pre 10pm” rule.
I enjoy the occasional cigarette when boozing, but love the ban (for the many said reasons). Though it seems like virtually nothing is done to enforce it. I guess the authorities have better things to do. But what kind of “ban” is it if it is not enforced?
jcssurf,
with the sterling history of Virginia’s ABC enforcement, you can bet enforcement of the smoking rules to be similarly gentle, not pass on extraneous cost to the consumers or interfere with your life.
Businesses should be able to decide if they want to allow smoking or not and not pink lunged fascists.
Want loss information, due to bans, from Kansas, Michigan, Ohio, Nebraska, Arkansas, Missouri, South Dakota, Illinois, and numerous other states? Funny how reporters are just too damned lazy to do even the simplest investigative report! The losses are staggering to small businesses!
I’m a smoker and I support bans wholeheartedly. I do think places should provide designated areas (outside) with disposal facilities though. Fact is, it’s been years and years since I was comfortable smoking indoors, even in my own home. I find indoor smoking nasty. And outdoor smoking gives one a reason to take a break from indoor activities and go outside. I don’t think it’s a matter of the trampling of the rights of a specific group, I prefer to view the situation as a mutually respectful compromise. If you’re a smoker and don’t see why smoking is disgusting, I wish you could quit for a while and then smell it on someone. I’ve quit for periods of time…I think that may be when I became convinced.
Can’t say i’ve seen this law actually be effective. I’m a non smoker and have hated night life because of the fucking smell. You go into a bar for 2 minutes and you might aswell quarantine your clothes right away because now you fucking reek.
I was so excited about the smoking ban, I said “Holy shit I can go enjoy myself out and not have to worry about reeking for the next 12 hours!” But sadly almost EVERY bar that I go into in the west end/short pump doesn’t fucking adhere to the law. I think they should just fucking crack down and make these businesses close if they can’t follow the law. IT’S THE LAW for a reason.
I’ve never smoked, never will! I’m very cautious about many things in life that I’m scared of getting cancer. I’ve had 2 aunts, and both grandparents die from cancer. Now to top this all off my wife 32yrs old has stage 4 cancer. She’s lived a healthy SMOKE free life, why the fuck does she get cancer??
Smokers don’t give a shit about non-smokers until they themself are non-smokers. You won’t see me crying when everyone who smokes gets cancer, but damn you all if I get it from your fucking 2nd hand smoke.
I hope you people know, that the latest studies show second hand smoke only causes lung cancer from very long term exposure, in cases of living with a smoker for 30 years is the only proven situation in the study. Also, people wearing drycleaned clothes emit carcinogenic fumes. So you don’t care because it doesn’t smell bad?