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Local public controversy is ignited by health survey
Two Sunnyvale bars among top 10 worst offending
By Gretchen Knaupp
Of the 10 worst offending smoking bars recently named by Santa Clara County law and health officials, two, the Patio and the Oasis, are located in Sunnyvale.
According to Becca Jones, general manager of the Patio, these findings were unexpected, because she hasn't seen any enforcement officials in the bar, nor has she heard any complaints.
The management of the Oasis was contacted but refused to comment.
Dorothy Tule, a health education specialist at the public health department, said sources of the study include compliance checks done by the district attorney's office, public complaints to the American Lung Association through a second-hand smoke hotline and public health inspections done by the public health department. The department of health arrives at the list by compiling this information.
"We take the American Lung Association's calls, plus our listing of where we found businesses not compliant, and the district attorney's list of citations," Tule said.
According to Dennis Acha, project director at the American Lung Association, "The three sources are equally important because they represent the county level, community level and also government enforcement,"
Health and law officials have conducted the study aided by $150,000 from the Santa Clara County Board of Supervisors, in an effort to step up the enforcement of labor code section 6404.5, which prohibits smoking in the workplace. "The law is meant to protect the employees that don't have any choice but to be in that environment," Tule said.
According to Tule, employees are afraid of complaining to their employer. She added, "Our main message is to highlight these establishments so law enforcement can keep their eye on them."
Jones wonders why the Patio was targeted, since they are a smaller establishment. "We were surprised because we are not a high priority bar," she said. "There are so many other high priority bars that have gotten many more smoking citations than we have."
According to Jones, the Patio has only received three or four citations, which supposedly is fewer than most bars. She said, "If the law is made to protect the employees, I think the whole thing is a waste of tax payers' money, because all of our employees smoke. Our employees don't care about the law. If it were up to them, this would be a smoking establishment."
Acha said, while technically it is a labor law, its purpose is not only to protect employees; it's for customers. "I get a mix of calls from both, customers and employees," Acha said.
As far the clientele being bothered by second-hand smoke at the Patio, Jones said there have been no complaints made by customers to her knowledge.
"I tell all my customers that there is no smoking, because I have to comply with the law," she said. "What they do then, is their own business, but that's what I'm told I have to tell them."
But opinions differ, according to Acha, who said that the American Lung Association frequently receives complaints from customers about The Patio. "Everything we do is done undercover. They don't get any complaints to their knowledge," he said.
Statistics from studies done by the public heath department show that while 80 percent of restaurant/bars are in compliance, only 42 percent of stand-alone bars comply with the law intended to protect the health of employees at the workplace. "I just visited the Patio on June 9, and there was still smoking," Acha said. "For that they will get another offense. I didn't see anyone smoking at the Oasis though."
Fines for citations range from $271 to over $1,300 for repeat offenders.
This is the third study since January 1988, and is released semi-annually. "We hope to continue this with another study in six months," Tule said. "So far, there have been two bars that have made the list that have started to be compliant."
Acha agrees that progress is being made. "We've narrowed it down to the most problematic bars," he said. "Over the years we've got less and less complaints. We think it's a result of our efforts with the three groups. Although there is still a lot of work to do, it's really paying off."
To make an anonymous complaint about illegal smoking in a Santa Clara County bar, call 408.999.0500.
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Sunnyvale, California Since 1994
