Under the ban, smoking in bars and restaurants is allowed only on outdoor patios or in parking lots. A survey by the California Smoke-Free Bar Program found that 40 percent of California's free-standing bars were breaking the law. In addition, the study found that while compliance rates in Orange County were about 80 percent,only 50 percent of bars in Los Angeles County were complying with the law.

According to activists, the city of Los Angeles has not fined a single bar for violating the law. "The frustration level is growing," said Charles Smith, a spokesman for the American Cancer Society. "We haven't really had any enforcement, except when people complain."

To force compliance, individual activisits plan to file lawsuits in small-claims court against non-compliant bar owners. Such claims can yield up to $500 in punitive damages.

In addition, activists plan to file a civil lawsuit in Los Angeles Superior Court, claiming bar owners who fail to follow the smoking ban violate the Americans with Disabilities Act by denying access to people with respiratory problems.

"What I would like to see is people all over the state using the small-claims court to enforce the smoking ban, and to show these bar owners who have been in violation of this ban for 2-1/2 years that there are consequences," said attorney John Birke, who is filing the lawsuits on behalf of the activists.

COMMENTS ON THIS ARTICLE:

Your Turn! Post a public comment (read guidelines):

Name:
Comment: (limit 200 words)
Enter this word (help):	Change

GUIDELINES: 
To keep this feature useful for everyone, please:

1. Keep it clean, courteous, focused, and on-topic. Comments are meant for thoughtful discussion of the article published above.
   
   
2. Do not post personal requests for help or general promotions for your organization (Get help).
   
   
3. Proof your comments carefully, use good spelling and punctuation, and don't use ALL CAPS. Comments are published immediately and cannot be edited.

Deceptive, slanderous and commercially-motivated posts are prohibited. We reserve the right to remove comments not conforming to these guidelines. (Report a comment).

Have questions or feedback? Contact us.