Eugene’s New Max?s Tavern is one of five bars recently fined for not observing the city’s smoking ban, which took effect for those who received extensions on Jan. 1. Chase Fairbairn, manager of Max’s, said he plans to
The city of Eugene fined five bars Wednesday for violating the city’s smoking ban, including popular student hangouts John Henry’s and New Max’s Tavern.
Each received $420 fines, along with The Embers, O’Donnell’s Irish Pub and Shooter’s Pub and Grill. The city mailed the fines Wednesday.
The city-wide smoking ban took effect July 1, 2001, for every business except the 31 that received extensions of various lengths, according to Jan Bohman, Eugene’s senior management analyst. The smoking ban took effect for those 31 on Jan. 1.
Each of the businesses received warnings prior to Jan. 1, Bohman said. She expects more complaints in the near future, because citizens may not have understood the dates the smoking ban took effect.
On Thursday, Chase Fairbairn, manager of Max’s, said the city had not notified him of the fine.
“These aren’t stand-up people,” Fairbairn said. “They creep around and won’t stand up and tell you anything.”
Fairbairn said the smoking ban is unfair to businesses, a thought many establishment owners have expressed since last summer when the smoking ban debate started.
“I don’t think anyone should tell adults what to do in an adults-only bar,” Fairbairn said.
New Max’s will install an outdoor patio in the spring, but for now people must go outside the establishment to smoke.
“Nobody wants to go outside in January,” Fairbairn said. “The ban is ridiculous.”
Shon O’Donnell, owner of O’Donnell’s Irish Pub, echoed Fairbairn’s sentiments. He said his informal study found that about 75 percent of his customers smoke, and that since the smoking ban took effect, his business had dropped by about 20 percent.
“How can you ask your customers to go outside and smoke?” O’Donnell said. “If you don’t want to smoke, don’t come to my bar.”
O’Donnell added that he thinks forcing small businesses to build costly smoking areas is unfair. Right now his customers are using a tent in front of his bar.
O’Donnell said the smoking ban is another example of the Eugene City Council “running local businesses out of town.
“How can seven people have so much impact on my business?” he said.
Fairbairn plans to appeal the fine. O’Donnell is also considering appealing, but does not like the $150 appeal fee.
Citizens register complaints by calling Lane County Public Health’s smoking hotline. The city of Eugene investigates the complaints, and if it confirms smoking in the establishment, it issues a warning.
E-mail community reporter Marty Toohey
at [email protected].