Though controversy surrounding the expansion of Madison's smoking ordinance has only recently quieted, the tougher ban is old news to the citizens of Eau Claire, whose current laws are nearly identical to Madison's proposal. Having upheld the ban for several years, they have become accustomed to the heavier restrictions.
Despite initial concerns about civil liberties and a loss of business, Eau Claire passed its smoking ordinance in February 2000. The ban now enforces one of the toughest bans in the state and has crushed several attempts at repeal, becoming more and more celebrated among its citizens.
\We have successfully defeated all challenges to our amendment,"" said Lynn Young, Eau Claire council member and original proponent of the ban. ""In fact, our ordinance is more popular now than when we initially passed it.""
Madison's new ordinance calls for a gradual tightening of restrictions that will eventually match Eau Claire's ban on smoking in restaurants with less than 50 percent of sales from alcohol. Madison establishments that derive less that 33 percent of their sales from alcoholic beverages are required to be smoke-free by 2005, and those with less than 50 percent of sales from alcohol must be smoke-free by 2006.
Critics have demonstrated concerns about the welfare of business, but in Eau Claire the issue appears well settled, according to Young. Though the ban was initially controversial and sparked a great deal of concern for area restaurants, Young said it has since become extremely popular among Eau Claire's citizens.
""I have people coming up to me on the street and saying, 'I didn't like it when you passed it, but I love having no-smoking restaurants!' ... [The ban] is really popular now,"" she said.
Many restaurant owners agree.
""In the beginning there were a lot of dissatisfied customers,"" said Rose Kienholz, chief operations officer of Heckel's family restaurants, ""but our sales are increasing at this point. ... It did not affect us in a seriously derogatory manner.""
Former Eau Claire council member Thomas Mihjlov concurred.
""I'm deeply involved in the business community, as a bank president, and we've had more restaurants move into the area, not fewer: I haven't seen businesses fail because of it.""
Opinion, however, is not uniform. Racy's, a coffeehouse that derives most of their sales from non-alcoholic beverages, does not qualify as a tavern, and was forced to choose between allowing smoking and selling food that is not pre-packaged. They proposed to the council that an exception be made for coffeehouses, but were denied.
""We haven't had to close, and I don't foresee us having to close, but money's a lot tighter than it used to be,"" said Nick Harberg, a manager at Racy's. ""We just had to stop selling food. People can bring food in, and I can give somebody food, but customers can't purchase food we prepare.""
Nonetheless, the ban has not had any serious challenges. Though an attempt to repeal the ban was proposed in October 2001, it was soundly beaten by a vote of 10-1. Since then, business sales have been generally good and objections have been moral rather that economic.
""The arrogance of the people who are pushing the smoking bans bothers me because people, on occasion, have to take responsibility for their actions. ... But the ordinance only bothers me from a Libertarian perspective,"" said Mihjlov. ""I'm personally glad it's there.\
