By Pamela Wong
The National Press Club is convinced its designated smoking room is in compliance with the law and is ready to take the city to court over this issue.
“We’re in a situation right now where the authorities say one thing and we say another, so it will be up to the judge to decide,” says Lorne Hart, manager of the National Press Club.
The club has been slapped with nine fines of $255, but it doesn’t intend to pay any of them.
“By pleading not guilty to the fines, we’re saying we don’t agree with it and we’re willing to go to court to fight it,” says Hart.
The anti-smoking bylaw, which has been in effect since August 2001, completely bans smoking in all restaurants, bars and private clubs.
Bylaw officers warned the club in March that it was violating the anti-smoking law.
After a few smoke-free months, the club re-read the bylaw, hired lawyers and built a designated smoking room.
Inside this room there are powerful ‘smoke-eaters’ and fans that stop the smoke from leaking out into the rest of the building.
“People weren’t allowed to start smoking again until that room was in place,” says Hart.
Staff members are not permitted to enter the room at any time. Smokers have to come out of the room to get a drink and they are also responsible for cleaning the room themselves.
Legal advice has the club convinced that they are now in compliance with the law.
The City disagrees.
“We’re fining the club for violation of workplace safety. It’s our contention that when we lay charges, the whole place is part of the workplace, regardless of whether part of it is separated by walls and has fans,” says Linda Anderson, manager of bylaw enforcement.
Hart disagrees. “How can it be considered a workplace when no staff are allowed inside?”
The press club is not the first to try and get around the bylaw. McLaren’s Pub also built a designated smoking area for patrons to smoke inside. When they were fined, they went to court and won. But the decision was recently overturned.
Anderson says the courts would look at the press club case differently than McLaren’s because the club is defined as a workplace and McLaren’s as a public place.
“The press club keeps entry fairly restricted so it’s difficult for us to get in as bylaw officers,” she says. If the city charges the club with violation of workplace safety, it’s easier for bylaw officers to get in to do inspections, she says.
Members have mixed reactions over the club’s decision to fight the bylaw.
“The club is in the right. Throwing smokers out to the streets to do something that is legal strikes me as the height of intolerance,” says Susan Delacourt.
Eric Beauchesne, another member of the club says, “If it were my decision, I wouldn’t fight for it. I’d make the club all non-smoking just like any other bar…I don’t feel that this club can afford to fight it.”
“Smoking was an important cultural aspect of the club,” recalls James Baxter, the club’s former vice-president.
But the club could be forced to turn completely smoke-free if the City wins in court.
No court date has been set so far. “We’ve pleaded not guilty to the fines, it’s in the hands of our lawyers right now,” says Hart.
The City intends to keep laying charges if the club continues to let members use the smoking room.
If this case goes to court, Anderson is confident about the City’s chance of success. “We would not lay a charge unless we think they’re clearly in contravention of the bylaw.”