Mayor signs citywide smoking ban
February 27, 2015
If you are accustomed to nights of bar-hopping and lighting up a cigarette wherever you please, you may want to switch things up, because those days are seriously numbered — at least in the Crescent City.
After being ratified by Mayor Mitch Landrieu, the Free Air Act is expected to go into effect on April 22.
Though the ban will never apply to Carnival festivities, it will prevent New Orleans bars, casinos and private clubs from permitting smoking within their establishments. The ban will not apply to patios, balconies or other outdoor areas attached to these establishments, however.
The ban will also not place a distance rule on how far smokers must stand from an establishment in order to smoke, as smoking bans in other cities have done.
Despite these differences from other smoking bans, service industry employees have expressed some concerns with New Orleans’.
Rebecca Leigh, a New Orleans bartender and smoker, said smoking bans within the service industry should be left to the discretion of business owners.
“Every business owner I’ve spoken with feels that they should be allowed to decide whether or not people smoke in their bars,” Leigh said.
Leigh pointed out that many New Orleans bars and clubs, especially those in the French Quarter, have chosen to ban smoking within their establishments without the ban.
“There are two bars I can think of who, within the past couple of years, said goodbye to smoking because they wanted to up their food sales,” Leigh said.
The ban states that businesses such as hookah bars and cigar bars existing before Dec. 14, 2014, that make their profits predominately from selling tobacco related products, can continue to allow smoking within their establishments.
Economically, there are other concerns specifically regarding the grandfather clause put into place.
Daniel D’Amico, assistant professor of economics, said that this grandfather clause should be a concern for future entrepreneurs in New Orleans.
“The grandfather clause has problematic effects on new business development. No new entrepreneur can ever start a cigar bar, electronic cigarette bar or hookah lounge in New Orleans,” D’Amico said.
According to Councilwoman Susan Guidry, however, this is a public health concern. Guidry said that this ban is about providing a safe work environment for employees of the service industry.
Another concern regarding the ban has been the fines. First time offenses for individuals start at $50 and go up for each offense within a 12-month period.
Guidry said she is not worried about the fines.
“Though I understand their concerns, I do not think that the fines will be a problem because most businesses will enforce the ban privately,” Guidry said.
Businesses that are caught allowing vaping or smoking within their establishments face the loss of special licenses and permits.
Leigh said she believes that this ban can only hurt New Orleans.
“Many smoking tourists come here, not only to enjoy the culture and history of New Orleans. Being a post-industrial city, our current main industries here are music, booze and food,” Leigh said. “Take the smoking away and the booze and music will hurt.”