SMOKE FREE ILLINOIS ACT: GARDEN CUSTOMERS' RIGHTS ....OR NOT?

As Michael Vick might not say, I have no dog in this fight, but it seemed to me that looking at the actual passed bill might prove useful. Here goes:

Section 15: Smoking in public places, places of employment and Governmental vehicles prohibited.

No person shall smoke in a public place or place of employment...... Smoking is prohibited in indoor public places and workplaces unless specifically exempted by Section 35 of this Act."

(the "...." material relates to other stuff like how far from exits smoking is restricted)

The act defines a "Place of Employment" as .."any area under the control of a public or private employer that employees are required to enter leave or pass through during the course of employment.."

I'm sure that organizations thinking about Bier/Beer Gardens as a hedge against the Smoke Free Illinois Act have some clever theory about the applicability of the Act to outdoor patio type places. It's got to a lot more well thought out than simply "Hey, this is outdoors!"

Still, I don't think there's any ambiguity to be argued. Assuming a place has employees, any part of the premises that needs bus services or wait staff services is, by definition, a "place of employment". A bar operated by family or volunteers would still be no smoking indoors but maybe....emphasis on maybe.... an outdoor adjunct could be said not to be "a place of employment" but it's still got to deal with being a public place.

(I'm skipping the other problem of ventilation to the indoor area as covered by section 70 of the act.)

Whether this is a good thing for the State to be doing is another argument but there doesn't seem to be any wiggle room in the meaning of the legislation.