SALAMANCA ã Several Salamanca businesses and the county health
department are struggling with interpretations of the Clean Indoor
Air Act.
The law itself does not discuss exceptions for establishments on
a Native American reservations, leaving all sides questioning when
the act can be enforced on the reservation.
The Salamanca Veterans of Foreign Wars Post 5296 was cited by
the health department as going against the act due to observed
smoking in the Wildwood Avenue establishment on Oct. 25. The act
prohibits all indoor smoking in public buildings, including bars
and restaurants.
The VFW asked that the matter be heard by the Peacemakers Court
in their hearing with the health department.
Eugene C. Frost and Stanley Milanowski, respondents from the
organization, offered evidence at their hearing Nov. 25, including
a photo ofg the sign from the Dudley Hotel saying ßsmoking
permitted,à and a copy of a 1986 law that ßgives the Seneca Nation
the complete authority and jurisdiction over county health
department to see over all its Seneca-owned businesses on its own
reservation.à
The respondents wrote in a statement that the organization has
20 percent Native American members, and the matters should be
brought before the Seneca NationÞs Peacemakers Court for decision
as per the 1986 law. The respondents also submitted a copy of a
newspaper article describing a smoking waiver given out by Onondaga
County for a bingo hall. Frost apologized for the incident.
The health departmentÞs recommendation on enforcement was to
wait for the respondents to ßsubmit motions in a legal manner and
the CCHD can submit its answers. RespondentÞs motions shall be in
the hands of the CCHD no later than Dec. 19, 2003. The CCHD shall
prepare its answers for presentation at the first Board of Health
meeting in 2004.à
The act does not have jurisdiction over Native American-owned
businesses on the reservation, said Environmental Health Director
Eric Wholers.
However, at the Board of Health meeting Wednesday, Public Health
Director Barbara Hastings said there may be a complication with
such establishments. She said she had been in contact with Sandra
Abrams, owner of the Dudley Hotel, to discuss the issue.
Wholers said the issue is not with the law itself, but rather a
clause on liquor licenses. Liquor licenses are given out with the
stipulation that the establishment will follow all state health
laws.
ßThe liquor license is the connection,à he said.
In the first four months the act has been in affect, the health
department has sent 40 official warning notices, conducted
inspections and personal interviews.
On an enforcement level, 11 facilities have been formally cited
for violations. Two businesses are repeat offenders, fined $1000
each. Otherwise fines are $500 for a first offense and in one case
$250.
Waivers are still not being granted because the department is
waiting for state direction on criteria for determining financial
hardship, said Hastings.
She said the state will not give a date for completion of those
criteria.
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