Tue, January 2, 2007
Calgary smokers find a loophole
By SHAWN LOGAN, SUN MEDIA
CALGARY -- Smokers lit up at a handful of local pubs yesterday, despite a sweeping smoking ban that came into effect on New Year's Day, setting up a potential showdown between city hall and defiant bar owners. While representatives at city restaurants and bars flouting the new bylaw declined to speak yesterday, patrons who found they could still smoke were in a jubilant mood and vowing to continue to push for their rights. Doug Baum, who sat on a barstool with a cigarette at the Bull & Finch Pub, said politicians shouldn't be able to legislate personal choice. "I don't ever tell anyone else how to live so they shouldn't tell me how to live," he said, adding he was surprised to come in for a drink on New Year's Day and learn he could still light up. "Pubs like this one are the last places you can still go to have a smoke and enjoy yourself." Ashtrays were conspicuous on many tables at the pub, but only a handful of patrons was smoking.
Management wouldn't comment on the reason for their defiance, but Baum said he was told it was based on the presence of VLTs and the hope the bar would be exempt as a gambling establishment. The ban, which was fast-tracked by council from the original time frame, includes all public facilities, although exemptions were put in place for bingos, casinos and establishments with smoking rooms until Jan. 1, 2008. Bylaw officers will enforce the bylaw mainly on a complaint basis with first-time offenders facing fines of $200. Over at Partners Dining & Cocktail Lounge, a sign warning that the establishment is a smoking facility still hung on the outside window while a grey haze lingered inside. Crowded around a table playing pool, a group of regulars said they will continue to smoke in the neighbourhood bar as long as they are able.
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Calgary, Alberta and the southern Alberta city of Lethbridge became the eighth and ninth cities in Canada to ban smoking in bars and restaurants.

On October 18, 2006, Calgary City Council approved of the bylaw that bans smoking in public areas.

Exemptions were put in place for bingos, casinos, and establishments with smoking rooms until January 1, 2008. First time offenders will pay $200 in fines. A city bylaw boss said people who deliberately go against the law could pay $3,500 or more.

"Obviously, I am ecstatic about it," said Robyn Hauck back in October, who is an anti-smoking activist. "For us to be going smoke free Jan. 1, with a few exceptions, I couldn't be happier."

However, the smoking ban which came into effect on New Years Day didn't have much effect on some smokers.

"I don't ever tell anyone else how to live so they the politicians shouldn't tell me how to live," said resident Doug Baum, who was surprised that he could still light up at the local pub. "Pubs like this one are the last places you can still go to have a smoke and enjoy yourself."

Another bar allowed customers to smoke.

"Absolutely we'll keep smoking because it's not fair the exemptions make it discriminatory," said Chris Daskas, who owns Filo's Restaurant.