Press Release

28 May 1999

Re: Smoking Bans

Capital Regional District's False Promises Create Chaos in Victoria's (B.C.) Hospitality Industry

Victoria's largest food and beverage outlet, The Strathcona Hotel that also boasts BC's highest beer sales, suffers huge losses trying to comply with the CRD's (Capital Regional District) 'Clean Air Bylaw'.

The Elephant and Castle Restaurant, a downtown Victoria tradition, which has complied 100% with the CRD 'Clean Air ' Bylaw since day one, is the focus of tourist complaints about the bylaw while suffering dramatic dollar loses due to bylaw compliance.

The Victoria Freedom of Choice Coalition, a group of businesses, organizations and citizens actively fighting the 'Clean Air' bylaw reports that wide spread non-compliance has resulted in the CRD resorting to discriminatory enforcement and harassment.

In short, the CRD has created a monster that must be tamed or eliminated.

Joint statement, Grant Olson, co-owner/operator, (telephone numbers, area code Canada (250) Strathcona Hotel, 383-7137 - Malcolm Palmer, owner/operator, The Elephant & Castle, 383-5858 - Brian Mayzes, Victoria Freedom of Choice Coalition, 386-2152.

"The attempted implementation of the Capital Regional District's 'Clean Air' by-law in Victoria's hospitality sector has resulted in a Lack of Enforcement, Discriminatory Enforcement and Special Blind Eye Deals by the Capital Health Region staff. This has created significant revenue losses; confusion and stress in the workplace, a threat to charitable donations and sports/cultural funding and most certainly will negatively impact Victoria's future Tourism and Convention business.

Today the Strathcona Hotel, the Elephant & Castle Restaurant and the Victoria Freedom of Choice Coalition have joined together to focus attention on the seriousness of the current situation. CRD spin doctors can create and place advertisements. Dr. Stanwick and Diane Stevenson can play with words and numbers to attempt to protect their jobs and CRD Chair Geoff Young and some CRD Directors can continue to duck the issue and hide from the media. But Facts are Facts.

* There is no level playing field as far as enforcement is concerned.

* Capital Health Region staff have allowed or ignored smoking in several licensed establishments while targeting other with questionable enforcement methods.

* Capital Health Region staff have given up ticketing patrons and/or operators and have resorted to delivering threatening form letters to owners.

* To accommodate their smoking customers some licensed establishments have had to resort to enclosing their patios, contrary to Liquor Licensing Regulations and the spirit of the bylaw, but with the quiet approval of the Capital Health Region.

The failure of Capital Health Region staff to enforce the 'Clean Air' bylaw, whether through lack of funds, incompetence, or simply that the bylaw may be in fact unenforceable must be recognized.

The 'no level playing field' is grossly unfair to non-smokers, workers, operator/owners, tourists and even politicians.

We believe that the Capital Regional District Board of Directors must immediately force Capital Health Region staff to do their job and enforce the bylaw across the board*.

That Means:

a. ticketing patrons and operators.

b. proceeding with civil or criminal injunctions against those patrons and or operators that continue to defy the law.

If the Board of Directors of the Capital Regional District cannot publicly demonstrate the 'Clean Air' bylaw will be enforced in a timely and fair manner they should say so. That way we could get on with employing people, providing service and paying taxes.

The bottom line is that it is the CRD politicians must be held accountable. Victoria's Hospitality Industry is in chaos. They passed the bylaw and its amendments and now the politicians must enforce the bylaw or set the bylaw aside.

* We support the proposed amendment to Bylaw 2401 to exclude Long Term Care facilities and the Victoria Hospice from the 100% smoking ban and applaud the CRD Board of Directors for instructing Dr. Stanwick to back-off on enforcement in this are until the amendment is passed.