Doyle Signs Bill Clarifying Outdoor Smoking Areas

MADISON, Wis. (WTAQ) - Governor Jim Doyle has signed a bill that seeks to clarify the types of outdoor smoking areas taverns can have, once the statewide public indoor smoking ban takes effect. The ban takes effect July 5th. It bars smoking in enclosed areas of workplaces with a roof and at least 3 substantial walls.

But a wall is not substantial if at least 25 percent of its space has a window that can open. The new law clarifies that a wall with no windows is substantial – and windows that are permanently closed don’t count under the exceptions.

Meanwhile, Tavern League attorney Mike Wittenwyler says the right number of well-placed windows could allow a tavern to actually allow smoking under the substantial wall definition.

But Maureen Busalacchi of Smoke-Free Wisconsin says it would make those bars keep their windows open in the cold winters – and she doubts it would happen. Tavern League lobbyist Scott Stenger says his members have been told they can’t smoke in their bars – and the main effect of the new changes will be to clarify the types of outdoor smoking areas that will be allowed.