Many York County, Pa., restaurants opt against cigarettes. - Knight Ridder/Tribune Business News

By Jennifer Nejman, York Daily Record, Pa. Knight Ridder/Tribune Business News

Jul. 25--On busy nights a year ago, people would line up to enjoy Italian cuisine at Mignano Bros. in Glen Rock. Most wanted their spaghetti and meatballs without second-hand carcinogens.

If they had to wait too long for a non-smoking table, they would leave, said Salvatore Mignano, one of the owners.

Meanwhile, seats would remain open in the smoking section, he said. So about a year ago, the owners converted the entire two-level restaurant to non-smoking.

'What's the point in having one empty dining room?' Mignano said.

Inside, the restaurant has a sign reminding customers they can't light up. He said they haven't had many complaints. People tell him that they come for the food, not to smoke cigarettes.

Mignano said the environment sans smoking is better for his workers, too.

Concern for the effects of second-hand smoke on non-smokers have prompted some states, such as Delaware, California and New York, and even places like New York City, to pass laws banning smoking inside places such as restaurants and bars.

Seven states have passed such laws, said Don Schumaker, project and communications director of the Pennsylvania Alliance to Control Tobacco. Maryland tried to pass a law banning smoking inside last year, he said.

Pennsylvania's current law includes a preemption clause, which prevents cities or municipalities from banning indoor smoking because they cannot have laws that are stricter than the state law.

The state law, passed in 1988, requires any restaurant with 75 seats or more to have a designated non-smoking section, Schumaker said. At the time the law passed, smoking was permitted in many public places, including federal buildings, where it is now banned, Schumaker said. Research on the dangers of second-hand smoke didn't gain attention until the 1990s, he said.

As more states and areas ban smoking inside, some Pennsylvania restaurant owners have chosen to make their establishments smoke-free.

Eighty-five restaurants in York County have listed their names in a smoke-free dining guide published by the York County Tobacco-Free Coalition. Others, like Mignano Bros., are smoke-free, too, but aren't listed in the guide.

Some restaurants in the guide are locally owned, while others are national chains or franchises of national chains such as McDonald's and Friendly's.

Isaac's Deli, a central Pennsylvania regional chain of 19 locations, has been smoke-free since 1999, said Philip R. Wenger, the restaurant's president.

It didn't make sense to serve health food -- the restaurant has no deep fryers -- but to allow smoking, Wenger said. The restaurant has its base in families and doesn't sell liquor, factors which contributed to the decision, he said.

Through the 1980s and 1990s, smoking sections in Isaac's decreased in size. In one restaurant, a pregnant waitress would need to be rotated out of the smoking section to protect her baby's health, Wenger said. The wear and tear on the walls from smoke cost money.

'We haven't regretted that decision for a single day,' Wenger said. 'We saw the trend, but we really care about our employees.'

The Pennsylvania Restaurant Association does not support any law that would take the decision away from the restaurant owners, said Patrick Conway, chief executive officer.

'Restaurants are in the hospitality business,' Conway said. 'Generally, restaurants are responding to what their customers are asking for.'

Technology to control indoor smoke is available, and in some cases, employees might smoke, too, he said.

Those who oppose smoking in restaurants, like Schumaker, said they don't believe employees should have to put their health in danger to keep a job.

He points to studies conducted in New York City and Boston that found neither city experienced a decline in sales as a result of early ordinances that limited smoking in restaurants.

The Claremont Institute for Economic Policy Studies examined restaurant sales tax data in 19 cities, 10 that had partial restrictions on smoking in restaurants and nine that were smoke-free, and found that restaurant revenues were not affected by those laws.

Schumaker expects that Pennsylvania will be smoke-free indoors within five years, following suit with other states.

John Clinger, one of the owners of two local restaurant bars, said he believes that Pennsylvania will be smoke-free within two years.

However, Clinger would be against a state law banning smoking indoors because it would affect his business.

At KClinger's Tavern in Hanover, the smoking crowd, late at night, is easily 75 percent of the clientele. And the smoking population at KClinger's Publik House in Newberry Township, late at night, is about 40 percent, he said.

'Being a non-smoker, I actually feel a little sorry for them,' he said. Clinger pointed to high cigarette taxes, insurance rates and public smoking bans. 'All they want to do is enjoy a cigarette.'

If the law passed, Clinger said he would accommodate smokers because they have been good clients. He would add an outdoor area for them to hang out in, with heaters for the colder months.

Other business managers are happy to promote their restaurants' non-smoking status.

First Wok in York Township has been smoke-free for three of its 10 years, manager Joyce Yeh said.

She said the restaurant was too small to accommodate both smoking and non-smoking sections.

'If you smoke (in First Wok), everyone smells the smoke,' she said.

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