Laws intending to minimize public exposure to secondhand smoke have no immediate effect as local restaurant owners await court decision and national chains find loopholes.

As of Monday restaurants with a seating capacity of 50 or more have 30 days to declare whether they will be either "entirely smoking," "smoke-free" or "effectively smoke-free." To be effectively smoke-free a restaurant must allow smoking only in designated smoking rooms -- enclosed spaces with ventilation systems that keep secondhand smoke from circulating into nonsmoking areas.

For locally owned eateries that have traditionally offered customers the choice of smoking sections, the law practically forces restaurants to decide whether to be smoking or smoke-free establishments.

Keith Allen, owner of Brothers Eatery and Pub, located at 563 Buchanan Ave., said he would not comment on his restaurant's future smoking policy because the issue was in the courts. Brothers currently offers customers both smoking and nonsmoking seating until 10 p.m.

The Oklahoma Restaurant Association, who has 64 members in Norman, Allen being one of them, initiated legal action by filing an injunction June 27 contesting the smoking rules. U.S. District Judge James H. Payne rejected the filing but scheduled a hearing on the matter for July 10.

The association's chairman, Bill Shapard, said the new regulations infringe upon a business' right to accommodate both smoking and non-smoking customers.

Shapard also said the new laws ignore the intent of the Legislature and existing state law.

"This [Board of Health] has taken it upon themselves to change state law," Shapard said. "Last time we checked, those decisions were to be made by the citizens of Oklahoma or their elected representatives."

For national restaurant chains like Chili's and On the Border compliance with the new laws means to legally circumvent their intent.

Director of Corporate Communications for Brinker International - owners of Chili's, 3009 William Pereira Drive, and On the Border, 3000 William Pereira Drive - Tim Smith said Brinker's legal department had read the new laws and had decided that to comply Chili's and On the Border only need to declare themselves entirely smoking restaurants but that still offer groups of tables to nonsmokers.

Smith said this was Brinker's short time plan for compliance and it would not affect their restaurant's operations. He added that Brinker would look into ways to comply with the effectively smoke-free requirements in the future as they have done in other states.

The new smoking regulations do not affect establishments like the Mont, 1300 Classen Blvd., or Legends, 1313 W. Lindsey St. They already have entirely smoking or smoke-free policies respectively.

Restaurants with a seating capacity below 50 are also not affected by the new public place smoking rules.

"It would be financially restrictive for most smaller, mom-and-pop type restaurants to have to build smoking rooms to comply with these rules," Governor Frank Keating said in a press release.
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