Sussex Marks a Year of Clear Air

When the statewide smoking ban first went in effect one year ago today, Tailgators Sports Bar and Grille manager Amanda Buskirk found herself answering a lot of questions from patrons when they found out they couldn’t smoke in the bar anymore.

Buskirk, who is a smoker herself, said the ban on indoor smoking was annoying at first, but now she’s actually happy that it's in place and with the impact on her business.

“We’re not hurting at all,” she said. “If anything, I want to say we got more business with more and more people coming in for the restaurant.”

In the first year of the statewide indoor ban on smoking in workplaces, Sussex businesses and customers appear to be embracing the breath of fresh air in their local bars and restaurants.

Waukesha County Sheriff’s Lt. James Gumm said there have been very few complaints about Sussex bars still letting people smoke inside and only one had to be ticketed.

“I think I can count on one hand the number of formal complaints we’ve received,” he said. “I think it has gone pretty much as expected. 

One of the biggest arguments against the smoking ban when it was first implemented was the impact it would have on business for taverns and restaurant, but Buskirk said the only customers Tailgators lost were older and were set in their ways.

Bob Jones, general manager of the in Mukwonago, which is opening a location in Sussex at the former , said his current location has been smoke-free since it first opened four years ago.

He said the business saw a solid customer base prior to the smoking ban because it created a more family friendly environment and it benefitted staff who don’t have to worry about trying to clean up the smoke smell residue.

“I’ve had a lot of positive feedback,” he said. “In the four years we’ve been open and before the smoking ban I’ve had maybe six people say they weren’t coming back because they couldn’t smoke.”

Restaurant group reports few complaints

What those two restaurant owners are reporting is pretty much the experience statewide, according to an official with the Wisconsin Restaurant Association.

While some restaurant and bar owners were initially concerned they would lose business as a result of the ban, Peter Hanson, director of government relations for the group, says the new law has been good for eateries across the state.

“You’re going to hear that it’s been bad for business. But if you look at the statistics like employment in the hospitality industry, if you look at sales tax receipts from the state Department of Revenue for restaurants and taverns, you can see that the food and beverage business expanded last year. Sales went up,” he said.

“Somebody could say a dozen bars went out of business in Madison last year. Well, it was the same way five years ago and 10 years ago,” Hanson added. “Businesses go out of business and new businesses buy that place, get a liquor license and open up with a new concept. There is a cycle with turnover within the restaurant and tavern industry.”

Tavern owners say law is 'devastating'

That may be true, but two officials with the Tavern League of Wisconsin say there is little doubt the smoking ban has hurt their members.

“The ban has been devastating to a lot of the small bars, mom-and-pop operations, where it was a blue-collar bar to begin with and most of their customers were smokers,” said Barbara Mercer, senior vice president of the organization. “I myself faced a 35 percent loss of business and for anyone to say that the smoking ban hasn’t hurt small businesses, it’s simply not true.”

Mercer said her Madison bar took a big hit – and she says the smoking ban is without a doubt a factor.

“I just sold my bar yesterday after 20 years because it was either that or close it,” she said in an interview Friday. “A good part of it was the economy, no question about that, but I had to lay off nine full-time employees in the last year.

Rob Swearingen, president of the Tavern League, echoed Mercer’s comments.

“I would say that the law is not working very well,” he said. “There are quite a few of our members that have taken a real hit, some as much as 40 to 60 percent loss in business, especially during the winter months when we are forced to go outside and smoke in subzero weather.”

While some taverns have built outdoor areas for their smoking customers, not all of them can do so, he said.

“A lot of our members don’t have the resources to build a smoking enclosure. Coupled with the economy, the smoking ban is the last nail in the coffin for some of these people,” Swearingen added.

Health is key to new law

Maureen Busalacchi, executive director of SmokeFree Wisconsin, said while figures have shown the ban isn't hurting businesses, the impact of the smoking ban goes beyond just dollars and cents.

“Of course, the reason this law was passed was so people would be in better health and that has been established,” Busalacchi said. “It’s probably one of the most popular laws on the books. People accept it and comply with it and are healthier with it. And Wisconsin is better off being smoke-free.”

The same view is held by Allison Miller, a spokeswoman for the American Cancer Society in Wisconsin.

“From our perspective, things are working really well,” she said. “The law was always intended to be about public health and it’s clearly working when it comes to protecting workers and everybody in Wisconsin from the dangers of secondhand smoke in work places, including bars and restaurants.”

“A poll that we did of Wisconsin residents found that 75 percent of people believe secondhand smoke is a serious health hazard and the same percentage believe it’s important to have smoke-free work places, including bars and restaurants,” she said. “Clearly, people believe that this law is about public health.”