News that a Providence lawyer may file a class-action lawsuit against the state because the General Assembly failed to pass legislation that would have prohibited smoking in restaurants should pique the interest of the business community.
The potential impact of such a lawsuit could be costly.
Vincent Morgera has sent letters to restaurants and bars throughout the state to inform employees of his intentions. He has received responses from about a dozen workers.
Morgera told us last week that not protecting restaurant and bar workers from secondhand smoke is a “glaring omission” on the part of the General Assembly.
“They created a nonsmoking policy for government buildings … there are a variety of places where smoking is banned,” said Morgera. “So why should this group of people be subjected to a health hazard, and yet others are protected by the law?”
Morgera has every right to pursue this case. We just don’t agree with the premise. We think restaurants and bars should be allowed to set their own smoking policies. This is, after all, about making choices. Restaurant patrons here in Rhode Island are blessed with a nearly limitless choice of establishments. If they want to dine at a smoke-free restaurant, they certainly can find one. Workers have that same opportunity.
Restaurateurs have a business decision to make. Do they or don’t they allow smoking in their establishment? And if they do, can they still recruit the talented employees they need to prosper?
And will consumers continue to visit if smoking is prohibited – or if it isn’t?
If Morgera were to win a class-action case, it could have a devastating impact on the restaurant business. Specifically, restaurant and bar owners could face skyrocketing workers’ compensation rates.
Bob Burke, owner of the smoke-free Pot Au Feu restaurant, expressed concerns about such an impact.
“Let’s face it, cut fingers will seem like nothing compared to claims involving heart disease, lung cancer and emphysema,” said Burke.
While the Senate passed the smoking ban, we believe a House Labor Committee did the right thing by voting it down.
Burke made a decision to go smoke free at Pot Au Feu and it has worked out fine at his popular restaurant. But other establishments may be reliant on a clientele more inclined to smoke.
Businesses should be allowed to succeed or fail on their own merits. We envision a time when the market decides this matter for itself and smoking in restaurants and bars is socially unacceptable.
And we think it is only fair that business owners make their own choices in responding to the market.
