PITTSBURGH -- Smokers' opportunities to light up in most public places in Pennsylvania have burned out, and it's generating a lot of feedback from people in downtown Pittsburgh.
Video: First Day Of State Smoking Ban In Pittsburgh

"I am for the ban because I can eat lunch in peace," nonsmoker Max Bier told WTAE Channel 4 Action News.

"I think the ban is absurd because I think it's infringing on people's rights," smoker Randi Cooper said.

"It's just another hurdle our family and our business has to work through," said Jim Mitchell, who owns Mitchell's Bar and Restaurant.

The state's new smoking ban prohibits smoking in schools, stores, restaurants, offices and most bars. It was signed into law 90 days ago and took effect at midnight.

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Discussion: What do you think about the state smoking ban?

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The fine for a first offense in places where smoking is banned $250. A second offense nets a $500 fine and a third offense carries a $1,000 fine.

Despite the restrictions, some lawmakers have deemed the law not good enough. It exempts many locations -- including nursing homes, fire halls, private clubs, tobacco shops and 25 percent of a casino floor.

"Included in the private clubs would be things like the Elks, the Moose, the Eagles, VFW, American Legion, and then also volunteer ambulance companies, volunteer fire departments and volunteer rescue companies," said Cindy Thomas, of Tobacco Free Allegheny.

But smoking is not allowed during public events -- bingo, for example -- that are held at those private places.

"If smoking is unhealthy in my establishment, it should be unhealthy everywhere," Mitchell said. "All I've ever asked for is a level playing field."

WTAE Channel 4 Action News reporter Shannon Perrine said the really touchy exemption is for bars that make less than 20 percent of their money from food sales.

Businesses that believe they qualify for an exception must apply to the state for approval. About 700 have applied so far, and smoking will be permitted in those establishments until their cases are heard.

"I know smoking's bad for you, but why am I being penalized for having a great food business?" said Mitchell. "When they have a choice to go somewhere else, they're going to go."

Before 2 p.m., Mitchell's almost exclusively profits from food sales, after which time, it's alcohol sales -- and many of those bellying up to the bar are smokers.

"When you come in here, you come in here and want to relax. These people want to have a cigarette, they can't smoke at work. Now, they're going to say, 'Hey, I can't relax here.' They're going to go somewhere else to another restaurant a bar a club and, of course, a casino," Mitchell said.

State Sen. Stewart Greenleaf, R-District 12, represents portions of the Philadelphia suburbs and wants to eliminate some of the exemptions. He said he's planning to draft legislation to make the smoking ban tougher.

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Channel 4 Action News Viewers Talk Back

Here's what you're saying on ThePittsburghChannel.com's smoking ban message board ...

Shortlady6 said, "This ban is long overdue. I feel it does not reach far enough. When I go into a resturant to enjoy a meal with family and friends I want to enjoy the aroma of the food not a cigeratte. I do not want the smoke to go down with the food as I swallow."

serveitup said, "I am glad it went through but it is only a start. They still allow smoking in way too many places. The "mom and pop" type bars/restaurants will be allowed to keep smoking. What about the places that have separate entrances for the bar and the restaurant. Are those exempt? I do not think it is fair to allow smoking in those places but bigger restaurants are not allowed to have it. In addition, if any place filed for an exemption they can allow smoking until there is a ruling. I assume after that they can file an appeal so this may go on for a while before something changes."

margiech said, "Just one more right that we're letting our politicians take away. What will be next? We've got to stand up against our rights."

STEELCITYM said, "The state has no business telling private business how to run their business. If a Bar/Restaurant wants to allow smoking, it should be up to them. Im a non smoker, and if a Bar/Restaurant have smoking in it, i would not go. What will be next...."

jchast said, "I am a non smoker and there's nothing I hate more than stinking like an ash tray when I go out to eat... however... I am not in favor of any law that restricts an individuals personal freedom. If I were a smoker, I'd be livid right now. People are always willing to trade away personal freedom for the feeling and illusion of safety, security and in this case... health. We're a sad society."

PABLUIIS said, "I've lived in NY and FL and can't believe it's taken Pittsburgh so long to put this law into place. It's an absolute pleasure to go to smoke free restaurants and bars. I thoroughly enjoy leaving and not having my hair, skin and clothes stink!"

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