Businesses hit with spate of phony smoking ban violation complaints
Green Bay sees more than 70 false charges in week after smoking ban
BY STEVE CONTORNO SCONTORNO@GREENBAYPRESSGAZETTE.COM JULY 20, 2010
Managers of St. Brendan's Inn in Green Bay were surprised to learn a complaint had been filed against them for allegedly violating the smoking ban on July 5.
Besides enforcing the new policy, there was one other fact in St. Brendan's favor: the bar was closed that day.
"We know it's not a valid complaint, and we're not really sure how this is being regulated," said Dan Joppe, bar manager.
When the statewide smoking ban took effect July 5, the state Department of Public Health set up a hot line, (800) NO SMOKE, and a website that allowed tipsters to alert it to bars, restaurants and workplaces turning a blind eye to smokers. The department then sends a letter to the establishment and the local law enforcement agency informing them of the complaint.
However, the tips are virtually anonymous, and plenty of phony complaints were registered in the first week of the ban more than 70 in Green Bay alone, said Connie Olson, executive director of Community Action for Healthy Living, an organization that promotes smoke-free lifestyles.
Olson said she realized the flaw when she noticed complaints about bars that had been smoke-free for six months.
"I wish it were a perfect system. The only way they can make it more accountable is if people signed their name and address and contact information to a complaint," Olson said. "When you leave it open like that to anyone, you're going to get some goofy stuff.
"Some people would complain four or five times against the same venue, but some of those businesses weren't even open."
A complaint is just a notice to the establishment and the authorities. It can only result in a fine if police investigate and find reason for disciplinary action, Olson said. If authorities investigating a complaint find people smoking or ashtrays of cigarette butts, an establishment can face fines of up to $100 per day.
As of Monday, no police action had been taken for the July 5 complaint against St. Brendan's Inn, 234 S. Washington Ave.
The Lorelei Inn, 1412 S. Webster Ave., Allouez, received a letter in the mail as well, which they also say holds no water. When trying to get answers, owner Lynne Stahl attempted to follow up on the complaint but found it difficult to do so.
"I made a phone call to the number on the letterhead. I got transferred to five different departments," Stahl said. "Their legal department basically told me I need to be compliant. They didn't listen."
Joppe said another "loophole" in the system is complaints can be submitted with an advance date, and they'll still be accepted. It's led him to believe that the only people filing complaints are angry smokers, rival businesses or special interests opposed to the smoking ban.
"Until we get a fine for a justified thing, we're not really too concerned with them sending stuff out," he said. "But it's probably a waste of paper."
Unfortunately, Olson said that's the inherent risk that's taken when people can complain anonymously.
"The intent of this is not to run out and start giving people citations," she said. "The system works, but it's not perfect, and I think the only way we can get toward perfection is to have the complaint validated so we can follow up and get the story."