BROOKFIELD, WIS.—In the last six months, two states have totally eliminated smoking in the guestrooms of any lodging establishment—Michigan and Wisconsin. In Michigan, the Dr. Ron Davis Smoke Free Air Law went into effect on May 1. In Wisconsin, Wisconsin Act 12 went into effect on July 5. In both states, restaurants are also included in the ban.
Steve Yencich, president and CEO of the Michigan Lodging and Tourism Association (MLTA), said that MLTA opposed the Dr. Ron Davis Smoke Free Air Law.
“We take the position that business owners should have the right to meet the needs of their customers,” Yencich said.
In Wisconsin, the Wisconsin Hotel & Lodging Association (WH&LA) lobbied to keep language in Wisconsin Act 12 that would allow up to 25 percent of guestrooms for smoking. According to Trisha Pugal, president and CEO of WH&LA, that part of the bill was eventually removed.
Response from Those Affected
According to MLTA’s Yencich, the response from hoteliers and innkeepers in Michigan has been a “mixed bag.” In Wisconsin, a survey was just sent to owners of lodging establishments to learn the extent to which Wisconsin Act 12 is impacting them.
In Michigan, business operators must clearly post “no smoking” signs at each entrance and in other areas where smoking is prohibited. Operators must also remove ashtrays and other smoking paraphernalia. Customers must also be informed that smoking in violation of the law can result in penalties. (Click here for a PDF with additional details.)
In Wisconsin, the WH&LA recently released a Smoking Ban Guide for lodging establishments. Operators must do the following:
• Post clear signage noting the ban on smoking in the building.
• Provide other appropriate notification and information on the ban to guests.
• Do not provide ashtrays or matches or other equipment for smoking on premise.
• If a representative of the property witnesses someone smoking in the building, or it is reported to them, the person in charge is responsible to have someone ask the smoker to refrain from smoking.
• If the smoker refuses to stop, they must be asked to leave the building. If the smoker refuses to leave, the person in charge must immediately notify an appropriate law enforcement agency.
In addition to the above, the person in charge may take additional measures to prevent others from exposure to the smoking or to ensure compliance in a reasonable manner. The responsibility for monitoring compliance, responding to complaints, and issuing citations will fall under the jurisdiction of local law enforcement, however the Wisconsin Department of Justice is also authorized to enforce the law.
Members of WH&LA can access additional Smoking Ban Guide information by clicking here.
Glenn Hasek can be reached at editor@greenlodgingnews.com.
