Clubs’ smoking ban ignites debate
Debate about the Board of Health’s decision to ban smoking in private clubs ignited last night during a meeting in the Police Department.
Representatives from two of the seven private clubs that allow smoking questioned the board, whose 2-1 vote on Feb. 1 forbids smoking in private establishments effective Monday.
Michael A. Stelmack, manager of TSKK Club on Harris Street, and Carl A. Paglione, commander and bar manager of the American Legion Post 184 on Houghton Street, were concerned about the possibility that a member might simply refuse to comply.
“It’s your jurisdiction to have them removed from the club,” Health Agent Thomas Purcell said. “Do what you have to do.”
There might be accidental violations or belligerence, Mr. Purcell acknowledged, and managers could consult with the health office. An individual violator could be ticketed, he said.
Board Chairman Francis E. Carbonneau Jr. suggested, “The easiest thing to do is not serve him (alcohol) to discourage him” from smoking.
Area towns that have banned smoking in private clubs include Athol, Grafton, Marlboro, Millville, New Braintree and Templeton. Forty-five communities voluntarily reported to the state that they do not allow smoking in private clubs, according to the Department of Public Health.
The Board of Health last night adopted a set of fines for violations. The regulation is similar to Athol’s statute, which prevailed in the state Supreme Judicial Court in a lawsuit brought by that town’s private clubs. Mr. Carbonneau and Vice Chairman Kenneth J. Gikas voted yes; member David Zalewski voted no.
A first offense will result in a $100 fine, a second offense within 24 months of the first will cost $200, and three or more violations within 24 months will cost $300, the regulation says.
Under state general law, five offenses within two years are grounds for enforcement agencies such as the board, building inspector, fire and police or state Alcoholic Beverages Control Commission to yank a club’s liquor license, Mr. Purcell said.
“I don’t expect it to be like that,” Mr. Gikas said. “I think once this is put in effect, the clubs will abide by it. Everything will be nice.”
“You have educated, smart businessmen running these clubs,” added Mr. Zalewski, “and they will make sure that nothing happens.”
Mr. Purcell said he wasn’t recommending that officials “camp outside the door waiting for the first violation.”
“We gave them a month’s head start to get their constituents used to it,” he said.
At 5 p.m. Monday in the Town Hall auditorium, club representatives will have the opportunity to persuade the board to reverse its decision.
Mr. Paglione began his case last night. “If I’m working the bar and I have a member that walks into the post and he has a Silver Star and Purple Heart hanging over his heart, and he lights up a cigarette, I’m supposed to tell this man put that out or leave?” he said with emotion. “He’s in his house.”
By Brian Lee, Telegram
