Opposing parties in the smoking ban ordinance reached a compromise Tuesday night, although the controversial resolution left both sides unsatisfied.
According to Ald. Mike Verveer, District 4, the victory was bittersweet for advocates of the smoking-ban ordinance.
\I don't think there were any true winners last night,"" Verveer said.
Verveer's vote in favor of the ordinance came as a surprise to the local hospitality industry and to many of his most influential constituents because he had been a long-time opponent of the smoking ban.
Although he acknowledged the transition will not be easy, Verveer said he believes the five-year delay in exacting compliance will give local establishments time to adjust their policies to the regulations.
The decision garnered caustic reactions from some restaurant owners, who denounced the ordinance as ""frivolous"" and ""unenforceable.""
Although they said a repeal of the legislation is not probable, some bar owners said they are still reluctant to accept defeat.
""You have to take one issue at a time, and at this point, our issue is going to have to be changing the course or the structure of the city council,"" said Barb Mercer, president of the Dane County/Madison Tavern League and owner of Pitcher's Pub, 323 W. Beltline Hwy.
Citing already existing provisions for smoke-free dining in Madison, Mercer said the ban represented an unwarranted threat to their livelihood.
""When you take local business owners who have been in business for 30 to 40 years and you put their businesses in jeopardy, that certainly doesn't seem fair after all those years of contributing to the community,"" she said.
Her concerns echoed those of other business owners who said they believed local restaurants and pubs were essentially being bullied by overzealous council bureaucrats.
""We don't have leadership in the city of Madison,"" Mercer said. ""What we have is a dictatorship.""
The current settlement includes an exemption for businesses who experience a 10 percent decline in gross receipts attributed to decreased pro-smoking patronage. For restaurant owners in Madison's State Street area, however, the hardship clause is small consolation.
""The hardship clause imposes hardship,"" said Dick Lyschek, the owner of Bull Feathers, 303 N. Henry St.
Although the issue has been rife with controversy, both sides agree that the usefulness of the loophole clause is debatable. Until the ordinance is applied, it is impossible to predict whether business owners accustomed to financial independence will be willing to accept assistance from the city, restaurant owners said.
