By David Pizer
After mounting unsuccessful challenges to Ottawa’s no-smoking bylaw, several local bars have gone completely smoke-free and have negotiated reduced fines with the city.
The National Press Club on Wellington Street, however, isn’t prepared to abandon its effort to challenge the no-smoking bylaw just yet.
Last year, the club set up a designated smoking room equipped with powerful “smoke eaters” and fans. The room is off limits to staff, and members are responsible for its cleaning.
Bylaw officers have issued the club numerous fines of $255 each for violating workplace safety. The city contends that walls and fans aside, the designated smoking room is still part of the workplace.
Club President Howard Williams admits that legal fees will prove costly once the case goes to court, but says he’s confident the club is complying with the bylaw and will win its case. It is for this reason as well that any talk of negotiating a settlement with the city would be premature, according to Williams.
“We always intended to comply with the bylaw and we believe we are,” he says.
Williams says he thinks the city understands that the club is convinced it’s complying with the bylaw, and so the courts will simply have to settle the disagreement.
While the club waits for the case to go to court, bylaw officers continue to issue $255 fines when they come to inspect.
According to Linda Anderson, manager of bylaw enforcement, the primary objective in introducing the bylaw was to improve public health and never to harm small businesses by issuing large fines.
“The city’s aim was to get compliance for the bylaw because it is a health issue,” says Anderson.
“So that was our No. 1 aim, and never at any time did we ever want to put anybody out of business.”
Last year, MacLaren’s on Elgin challenged the bylaw by building a designated smoking room, which was off-limits to employees.
The pub challenged its multiple fines in court and won, but lost an appeal at the Ontario Superior Court in November.
As a result of this case, MacLaren’s has become completely smoke-free.
Owner Brian Karam wouldn’t go into details about the size of the fine MacLaren’s had to pay in the end, but said, the city was reasonable with us.
“That doesn’t mean to say the legislation is reasonable,” he adds.
The Cue N’ Cushion is another establishment that attempted to challenge the no-smoking bylaw last year. Owner Richard Teahen tried to turn the pool hall into a private club.
Members had to sign a waiver that they were aware people would be smoking in the club, pay a small membership fee, and show their membership card when entering the club.
But the plan did not work and the Cue N’ Cushion was fined repeatedly.
Teahen decided to challenge the fines, but this past August a justice of the peace ruled that the Cue N’ Cushion hadn’t satisfied all the requirements for becoming a private club.
The ruling claimed the $2 charge wasn’t a true annual fee, and a private club must be a non-profit organization.
The pool hall was fined $37,000.
Teahen will appeal to the Ontario Superior Court, but hopes he can come to an agreement with the city to reduce the fines.
The Cue ‘N Cushion has been smoke-free since August, and its fine dwarfs the reduced fines that other establishments have since negotiated with the city.
As an alternative way to accommodate his smoking customers, Teahen plans to build a patio.
“The city’s pockets are way too deep and we can’t afford to fight them, so I just acquiesced to their demands to go smoke free and we did.”