When Alfonso Castaneda opened the Dona Esther restaurant 22
years ago, he could have walked through a cloud of smoke.
Now, five years after state legislation banned smoking in all
workplaces, Castaneda’s customers, he said, don’t even try lighting
up.
He’s not alone. San Benito County hasn’t cited a bar or
restaurant for breaking the law in nearly three years, according to
Mike Torres, who heads the local tobacco education program.
When Alfonso Castaneda opened the Dona Esther restaurant 22 years ago, he could have walked through a cloud of smoke.
Now, five years after state legislation banned smoking in all workplaces, Castaneda’s customers, he said, don’t even try lighting up.
He’s not alone. San Benito County hasn’t cited a bar or restaurant for breaking the law in nearly three years, according to Mike Torres, who heads the local tobacco education program.
This week, the local branch of the American Lung Association presented county officials with a plaque, the Platinum Lung award, for being in 100-percent compliance. Torres is the lone official who conducts random inspections of all the area’s restaurants and bars.
“Yeah, we’re good,” he said, “We’re really good.”
The county’s feat, according to officials, should not go unnoticed without recognition. It is among a 5 percent minority of state jurisdictions to fully comply, according to Margo Sidener, the director of the Santa Clara-San Benito ALA branch. Other surrounding communities, such as Monterey, have struggled with compliance and enforcement, she said.
The legislation that is wholly unique to California – AB13, or more commonly called the Smoke-Free Workplace Law – was passed in 1998 to restrict smoking in all workplaces, including bars.
It allows a few exceptions, such as tobacco retail outlets and “owner-operated” bars where the proprietor is the only worker, Torres said. He mentioned Mom and Pop’s Saloon in San Juan Bautista and the 19th Hole in Tres Pinos. For the most part, though, it disallows smoking inside businesses.
Around the time of its passing, according to local owners and county officials, the legislation caused shock and dismay among many smoking patrons. But that sentiment has, for the most part, diffused with time. Most customers have accepted the rules and adapted to its restrictions, according to Sam Perez, another tobacco authority with the county.
“It’s taken a few years to come full circle on this,” Perez said. “I’m really excited to say our community is great as far as adapting and complying with the law.”
The tobacco education program falls under the jurisdiction of the county’s Health and Human Services Agency. Local law enforcement officials have given the agency the power to levy fines when necessary.
County officials attributed much of the local success to a persistent education program. It has included Torres and others in the agency going out to bars and restaurants and explaining the law’s restrictions to employees.
If someone starts smoking in an establishment, for instance, the restaurant or bar staff is responsible for requesting the customer stop or leave, Torres said. Businesses that see the violation, yet don’t enforce it, are subject to the penalties.
The first citation in one calendar year for a business is $100; the second is $200; the third is $300; and the fourth would be reported to California Occupational Safety and Health Administration. If that happened, Torres said, the fine amounts would considerably escalate.
No local bars or restaurants, however, have been cited beyond the $100 offense, said Torres, who looks for signs of ashtrays, the smell of smoke and the obvious – people smoking – when he goes out in the field.
Even when the law was occasionally broken during the first couple years of the its inception, the offending businesses immediately complied afterward.
“All owners have been great to work with,” Torres said.
But owners weren’t so rosy about the subject five years ago. They feared it would lead to diminished revenues while alienating their smoking customers.
Dona Esther initially suffered a big drop-off in business from its smokers, Castaneda said. But those who left eventually came back.
Ignacio Velazquez, owner of The Vault restaurant in downtown Hollister, said the smoking restrictions never hurt his business.
“I would say, if anything, it’s increased business,” Velazquez said. “People like to go where it’s safe and clean.”
Velazquez attempted to build a separate room with its own ventilation system for smokers, but state officials told him no – that any addition for that purpose must be outside the building.
“So I thought that was discriminating against smokers,” he said.
Charisse Tyson owns and works at Johnny’s Bar and Grill. She said the change has been a breath of fresh air, literally, for her. Though if her customers were against the law, Tyson said, she would be, too.
“I don’t have to go home smelling like the bottom of an ashtray,” she said.
Most of Johnny’s smoking customers don’t mind, she said, because of the patio outside the back of the building.
County resident Jack Tyler has been a smoker for 45 years. While eating lunch Thursday in the patio section at Johnny’s, he said state lawmakers should have found a “happier medium.” He mentioned allowing bars to choose whether to allow smoking, along with mandating improved ventilation systems, as potential solutions.
He did, however, acknowledge the downside of smoking. He called it a “filthy habit. And the law’s changes have made him realize restaurants, in many cases, aren’t an appropriate place for it.
“I offended a lot of people without even knowing it,” said Tyler, while holding a rare variety Commanders cigarette.
Supervisor Bob Cruz, who accepted the award at Tuesday’s Board meeting, smoked for many years during the 1950s, he said, “when it was the most popular thing to do.”
“I’d like to see a smoke-free county,” Cruz said. “But that’s impossible, of course, and people have the right to smoke.”
