Relief and Defiance At Smoking's Last Gasp

By Super Bowl Sunday, Rome Zaffaroni plans to install a big-screen television in the lounge in the back room at his cigar shop in Annapolis. But beyond the draw of the game, he's expecting droves of patrons because of Maryland's new statewide smoking ban.

As of today, because of an exemption for tobacco shops, the Annapolis Cigar Co. is one of the relatively few establishments where smoking is permitted. Patrons must pay a $10 cover -- or a $120 annual club membership fee -- and bring their own beer or booze, because Zaffaroni doesn't have a liquor license.

"I'm probably getting a lot of business for this, just because this is the only place around here you can smoke," he said. "But that money is not worth getting the civil liberties of business owners and smokers trampled."

Cigar shops and other stores where tobacco sales make up more than 75 percent of revenue are exempt from the ban, which took effect at midnight. Smoking is outlawed in nearly all other public places, including bars, restaurants, taxicabs, bowling alleys and private clubs, including American Legion and Veterans of Foreign Wars halls.

Restaurants and bars that can show that the ban is hurting their business can apply for three-year hardship waivers through local health departments.

The ban has been lauded by health advocates as an important protection against the dangers of secondhand smoke, but Zaffaroni views it as an attack on the rights of business owners and smokers. He has been encouraging his customers to ignore no-smoking signs, annoy nonsmoking "goody two-shoes" or throw tobacco into the harbor, in a modern-day Boston Tea Party.

"Do what your fathers and grandfathers would have done: break the law," Zaffaroni told two customers Wednesday night. "Show some disobedience."

Although he says interest in his club is growing, the bearded former history teacher has found few smokers willing to answer his call to revolution.

Opposition to the ban has come mostly from bar owners worried about losing revenue and people who would rather not step outside to smoke. Bars across the state hosted themed parties last night, handing out free cigarettes or ceremoniously destroying ashtrays.

"Even the people that smoke aren't that upset," said James Wanko, 27, who was smoking with friends at the Acme Bar and Grill in downtown Annapolis on Wednesday night. "It's just going to happen."

Megan Meneely, an Acme regular, said that although the ban will be a hassle, it could help her quit smoking for a second time.

"The temptation is when I have a cocktail in my hand," said Meneely, 33. "I smoke all day long, but a package of cigarettes doesn't last me as long in a bar."

Five Maryland counties, including Montgomery, Prince George's and Charles, already had some form of a smoking ban. The District enacted a ban in January 2007, and several area hospitals declared themselves smoke-free late last year.

Montgomery, which enacted its smoking ban in 2003, has seen restaurant sales tax receipts increase 23 percent since then, said Phil Andrews (D-Gaithersburg-Rockville), the County Council's vice president, who sponsored the measure.

"We heard that Silver Spring would become a ghost town because of the smoking ban, but the industry is thriving," he said. "The experience here should be reassuring to the state. And our experience is mirrored by experiences elsewhere -- California, New York."

Virginia Gov. Timothy M. Kaine (D) is pushing for a ban but is facing opposition from the state's powerful tobacco lobby. Virginia law restricts local governments from enacting certain regulations, such as smoking bans, without approval from the General Assembly. Although no jurisdiction has enacted a smoking ban, Alexandria officials have employed land-use regulations to force restaurants to go smoke-free.

Other restaurants in the region have opted to go smoke-free without a ban. The Sly Fox in Annapolis did so in April and saw business pick up, said its owner, Chris Fox. Employees quickly felt healthier and were glad to not smell like smoke after working in the basement-level tavern, Fox said.

"We've just had it with working in smoky bars," he said. "Bar owners have a fear of the unknown. . . . If this ban ends up killing the restaurant industry, then I would be all for going in and changing it. But we would still keep it at our bar."