Small Bar Exemption From Smoking Law Ends Saturday (UPDATED)

Five years ago, on January 2 2011, the City of St. Louis went smoke-free — with the exception of casinos and existing small bars that met certain conditions. Since then, some small bars that qualified for the exemption opted to go smoke-free.

During the 2007 Spring elections I attended a 6th ward campaign event at Riley’s Pub, 3458 Arsenal — it was so full of smoke I could hardly breathe. Back then the space out front was just an expanse of concrete and a couple of railroad tie planters — see on Google Street View. Due to the small size, Riley’s Pub qualified for an exemption — indoor smoking could continue. Not long after the smoking ban went into effect, Riley’s began turning the space out front into a proper patio.

I’ve seen the new patio, but not photographed it. Even though it is finished, smoking is still allowed inside — until Saturday that is. A few days ago Riley’s Pub posted the following on their Facebook page:

If you don’t like to be around the smoke, you soon will be able to breathe easier at Riley’s. But if you are a smoker, consider stopping by New Year’s Eve or Day for a few last drags in the civilized indoors. 

Unlike Riley’s, two downtown exempt bars don’t mention the expiration of the exemption. I checked the website & Facebook page of Stanley’s Cigars — no mention.   Same for the website & Facebook page of Nara Cafe and Hookah Lounge.

I think many places will be caught off guard — even though they’ve had five years to prepare. Will they fight the exemption expiration? Will they pay fines? Decide to close rather than change? We will soon find out.

Please have a safe New Year’s Eve, see you again 8am Sunday morning for the first poll of 2016.

UPDATE 12/31/15 @ 11:20am:

The situation changed after I wrote this post:

Trophy Room owner Herbert Krischke filed suit on Christmas Eve, asking a judge to block the city from enforcing the ordinance or declare it unconstitutional. In part, the suit argues that the law “grants a special or exclusive right, privilege or immunity” to casinos such as Lumière Place, which would keep its exemption. Bar owners say that sets a double standard.

Dowd issued the restraining order Wednesday because he wanted to schedule a full hearing on the matter, which has been set for 10 a.m. Jan. 11, according to Thom Gross, court spokesman for the 22nd Judicial Circuit. Krischke and other city bar owners believe they’ve found a loophole to the existing law. (Post-Dispatch)

I’d like the courts to invalidate the exemption for gambling areas.

— Steve Patterson

Readers: Let Small Bar Exemptions From Smoking Ban Law Expire In January 2016

Nearly three-quarters of readers think the 5-year exemptions from St. Louis’ smoking ban should expire, as scheduled, after January 1, 2016. Nobody selected the option to repeal the ban altogether.

Here are the results from the Sunday Poll:

Q: Small bars were exempted from St Louis’ smoking ban for 5 years, it expires in January. What should happen:

1. Let the exemptions expire as scheduled 37 [74%]
2. Extend the exemptions permanently 10 [20%]
3. Other: 2 [4%]
   1. Extend the extension for smoke shops only
   2. ban smoking in casinos
4. Extend the exemptions for 1-5 years 1 [2%]
5. TIE  0 [0%]
   1. Repeal the smoking ban
   2. Unsure/no answer

I agreed with the one “other” answer that casinos should also be smoke-free.  I’m going to email this to all the aldermen, but I ask you to contact your alderman as well.  Please contact them to let them know the exemptions shouldn’t be extended.

Click here to find your alderman.

— Steve Patterson

Sunday Poll: What Should Happen When The Small Bar Smoking Ban Exemption Expires In January?

On January 2, 2016 the 5-year smoking ban exemption some small bars have claimed will expire. Now that the exemptions are nearing their expiration date some want to amend the 2009 law.

This is the basis for today’s poll question.

Please vote above and discuss in the comments below.

– Steve Patterson

Readers: Metro Should Ban Smoking at MetroBus Transit Centers Like They Do At MetroLink Light Rail Platforms

Ever since our MetroLink light rail system opened in 1993 it has been treated very differently from the MetroBus system, with the latter being sort of the bastard step-child. Smoking isn’t allowed inside bus or train vehicles but currently smoking isn’t allowed on MetroLink platforms, but is allowed at MetroBus transit centers — those places where many bus lines converge.

When MetroLink opened in 1993 smoking was allowed on platforms, despite lobbying by light rail advocates to make platforms smoke-free Bi-State (no Metro) President John K. Leary Jr., whose wife smoked, decided to permit smoking. After he left for SEPTA in 1997 the policy was changed.

What justification is there for treating these two differently with respect to smoking? Smokers and non-smokers use both systems, which is why many MetroBus Transit Centers are located adjacent to MetroLink stations.

Here are the results from the Sunday Poll:

Q: Metro allows smoking at MetroBus Transit Centers but not on MetroLink platforms. Metro should:

1. Ban smoking at both 29 [70.73%]
2. Unsure/No Opinion 5 [12.2%]
3. Allow smoking at both 4 [9.76%]
4. Keep policy as is — smoking allowed at one but not the other 3 [7.32%]

I reluctantly accept the challenge it would be to ban smoking at thousands of bus stops, but enforcing a no-smoking policy at MetroBus Transit Centers is no different than at MetroLink stations. It’s time Metro!!

— Steve Patterson

Sunday Poll: Metro allows smoking at MetroBus Transit Centers but not on MetroLink platforms. Metro should:

Today’s poll is about Metro’s smoking policy. Riders can smoke at transit centers while waiting for a MetroBus, but those riders on platforms waiting for a MetroLink light rail train can’t smoke. Transit centers are points where numerous bus routes meet, often adjacent to MetroLink stations — Civic Center & North Hanley are two examples.

The poll question is:  Metro allows smoking at MetroBus Transit Centers but not on MetroLink platforms. Metro should:

The options provided, in random order, are:

• Allow smoking at both
• Prohibit smoking at both
• Keep policy as is — smoking allowed at one but not the other
• Unsure/No Opinion

The poll, as always, is on the top of the right sidebar.It’ll close at 8pm central.

— Steve Patterson