by Krystal Zaragoza
Daily Lobo
Because of a city ordinance that has been vetoed, revised and finally passed by Mayor Martin Chavez, Albuquerque's restaurants are now smoke-free and restaurants with bars have three years to build walls separating them.
Chavez said he vetoed the first draft of the proposal regarding the smoking ban because of its regulations.
"I strongly support the intent of the legislation but am deeply concerned that this legislation, as drafted, is so vague as to be unenforceable," Chavez said in an inter-office memorandum sent to Albuquerque City Council President Vincent Griego. "I have fully explored whether it can be made enforceable by regulation and have determined that a regulatory solution is not obtainable."
The newly revised ordinance was enacted July 3. Bars, nightclubs and other private establishments where the age to enter is 21 and over are exempt. Restaurants with bars are required to make their establishment non-smoking or build an area for enclosure within three years.
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The ordinance also states that smoking at the Bio Park and at the Rio Grande Zoo is prohibited.
City Councilor Greg Payne has said that he and the other councilors debated for a week over the decision and had a great deal of citizen input.
He said that he believes the ordinance "helps to protect those in the food service industry without putting business owners at too much of a disadvantage."
Manager Kevin Wright at O'Niell's Pub said that the ordinance has not affected the establishment's business.
"We are over 50 percent in liquor sales so we are considered to be a bar," Wright said.
Payne agreed, saying he does not believe the smoking ban will have a negative effect on local business owners in the future.
"Seventy-80 percent of the population doesn't smoke," he said. "Even smokers understand that there are very serious health consequences to themselves and to others because of second hand smoke," Payne said.
Some smokers are disappointed in the city's decision to go smoke free in restaurants, but others were not so worried.
"It doesn't bother me," said senior citizen and smoker William Gater. "I mean if I go out to a restaurant, I don't plan on having a cigarette."
New Mexico is not the only state commanding stricter regulations. California has been smoke-free since 1994. States such as New York are currently working on making their laws harsher.
Payne expressed his feelings about the situation before the ban in relation to his soon-to-be 1-year-old-daughter.
"To put it bluntly, having a wall of air to function as separation doesn't work," Payne said.
