Did Illinois Ban Ashtrays at Work With Its' New Smoking Ban ?

The St. Louis Dispatch reports on the Nanny State:

Toni Corona will be a Metro East smoker's worst nightmare, a carcinogen cop looking to clear the air.

When Illinois' new smoking ban kicks in Jan. 1, Corona's job as Madison County Health Department director puts her on the front line of keeping smoke out of public places.

Problem is, she's not sure what the new law covers. Gov. Rod Blagojevich signed in July the Smoke Free Illinois Act, which bans smoking in virtually all public places. But a state committee hasn't adopted the specific rules that clarify the law.

"Those rules need to be in place before the enforcement really can commence," Corona said.


Smoking on patios, for instance, is still uncertain. The law says smoking will be banned in all indoor public places or places of employment, and within 15 feet of an entrance, open window or ventilation intake.

"Our interpretation is that if you have a patio, you can have smoking as long as it's 15 feet from the door," said Andrew Ariens, of the Illinois Restaurant Association.

But if wait staff attend to those tables 15 feet away or farther, is smoking allowed? Isn't that a work area?

"Oh, I see. That's a good question," Ariens said. "Well, you can nitpick over this all day, but are you going to be ticketed for it? Probably not."

Individual fines range from $100 to $250, and businesses face fines between $250 and $2,500. Businesses must post "No Smoking" signs. The law says ashtrays aren't allowed in workplaces. But could someone be fined if they have one? What about ashtrays used for spare change? Souvenir ashtrays?

The process for issuing tickets must be determined, too. Corona says she isn't aware how a ticket will be handled, and which courts will hear the case.

"But let's not forget the overall intent of this law," she said. "This is a good law. It's to reduce the exposure to secondhand smoke, and it's going to take some time for people to become educated on the law."

The state committee in charge of adopting the rules will meet Tuesday. The Illinois Department of Public Health has already sent its rules suggestions. If the committee asks for changes, though, the health department will have to rewrite the rules. Officials aren't certain whether they'd be able to finish by the new year.

"There is that possibility," said Melaney Arnold, a health department spokesman. "But the law supersedes any rules, so anything that the law says has to be followed."

At St. Clair Bowl in Fairview Heights, owner Matt Shellabarger isn't sure what the law's new rules will include.

"I don't think anybody does at this point," he said. "We'll follow the proposed rules until the final rules are out."

He's fairly certain that no SWAT team of anti-smoking agents will ambush the place after midnight, though.

"But we do intend to follow the law and try to accommodate the people who need to smoke," he said.

Illinois is the 23rd state with a statewide ban. The Illinois Department of Public Health will set up a telephone hot line and a website to report violations.

Corona and the local health department don't plan on launching sting operations.

"We're going to work our tails off to achieve voluntary compliance through education rather than enforcement," she said. "I don't think there's anybody out there looking to issue fines. It's just not our priority."

Big Brother is watching your ashtray! For those of you who thought the religious right was the biggest threat to your freedom: who would have thought secular,statist Illinois politicians wanted to take away your right to have an ashtray at work?