Muskegon County smoking ban takes effect

MUSKEGON COUNTY, Mich. (WZZM) - A smoking ban covering businesses across Muskegon County takes effect Monday.

The Clean Indoor Air Regulation Act applies to all indoor businesses, from sports arenas to bingo halls. But there's a state law protecting all Michigan bars and restaurants from the ban. It sounds like a good deal for restaurants, but at least one owner wishes the ban went a little further.

"I'm just sorry restaurants and bars weren't included in this ban that's coming up now," says Lynne Fogarty of Main Street Pub in North Muskegon.

Her restaurant is not affected by Muskegon County's new smoking ban, but she wishes her place was.

"I have some personal interests in it, not only for my health and the employee's health," she says. "I'm a stage four cancer survivor, my mother is a three time cancer survivor, my sister a two time and my father is battling small cell lung cancer for the fourth time, and that can be directly related to smoking."

She put her own ban on Main Street when she bought the business two years ago, and only allows smoking in the bar area. But in the current economy, Fogarty says her business can't afford to go cold turkey.

"To go smoke free, it's really going to affect our income," she says.

Fogarty says she's seen other businesses that have gone smoke free lose a quarter of their business, and she has more guests because of it.

"That's a pretty hefty decline to try to recover from, so we just couldn't afford to do that," she says. "Where if the state mandated it, everyone would be on an equal playing field and we could just do like they do in the bigger cities."

Fogarty thinks the state will eventually get rid of the law, but until then, smoking is allowed in Main Street.

Officials estimate the ban will affect about five percent of county businesses, excluding bars and restaurants. The ban will not be actively enforced; if police hear the ban is being ignored, they will investigate, but there won't be patrols looking for it.