I heard something on the radio about a judge overturning Austin’s no-smoking ordinance. Does that mean I can start smoking at bars and restaurants again?
Another significant twist occurred recently in the seemingly never-ending saga of Austin’s Smoking Ordinance (the “smoking ban”). On Oct. 4, federal district Judge Sam Sparks entered a judgment that reduced the city’s ability to enforce the smoking ban against bar and restaurant owners.
The smoking ban states that a bar owner commits an offense “if the person fails to take necessary steps to prevent or stop another person from smoking in an enclosed area in a public place.” The court ruled that the term “necessary steps” is unconstitutionally vague, thereby making that portion of the ban unenforceable. According to the court ruling, the only two things a bar owner must now do to comply with the smoking ban is to post no smoking signs and to remove ashtrays and related smoking accessories. Reiterating a previous decision, the court’s ruling also capped a fine under the smoking ban to a maximum of $500.
In short, the court’s ruling is a big win for bar owners. Prior to the court’s decision, there was uncertainty as to exactly what “necessary steps” a bar owner needed to take in order to prevent smoking and avoid being fined under the smoking ban. Now, bar owners can avoid being fined as long as they post no-smoking signs and do not provide ashtrays to their patrons.
The court’s ruling is not, however, an open invitation for smokers to light up around the city. Because the overall smoking ban is still in effect, it is a violation for an individual to smoke in a restaurant or bar. The city has stated publicly that it will focus its enforcement of the smoking ban on individuals, rather than bar owners as it has done in the past. Smoke in public at your own risk!
This article appears in October 20 • 2006.