Michigan’s new smoking ban goes into effect on May 1, 2010.  This ban makes Michigan the 38th state to ban smoking in public places.  The ban prohibits smoking in public places such as restaurants, bars, and hotels, as well as most places of employment and any place that serves food or beverages.

The ban prohibits an individual from smoking in a public place or at a meeting of a public body.  The ban requires a state or local governmental agency or the person who owns, operates, manages, or is in control of a public place to make a reasonable effort to prohibit individuals from smoking in a public place.  Although the full scope of what kinds of efforts are required is currently undefined, the ban specifically requires the following efforts:

• Clearly and conspicuously posting “No Smoking” signs or the international “No Smoking” symbol at the entrances to and in every building or other area where smoking is prohibited under this Act.

• Removing all ashtrays and other smoking paraphernalia from anywhere smoking is prohibited under the ban.

• Informing individuals smoking in violation of the ban that they are in violation of state law and subject to penalties.

• If applicable, refusing to serve an individual smoking in violation of the ban.

• Asking an individual smoking in violation of the ban to refrain from smoking and, if the individual continues to smoke in violation of the ban, asking him or her to leave the premises.

Any person or state or local government agency that violates the ban, or the requirements for enforcing the ban, is subject to injunctive relief and a civil fine of not more than $100.00 for the first violation and not more than $500.00 for a second or any subsequent violation.  The ban also prohibits an employer or food service establishment from taking any retaliatory or adverse employment action against an employee or applicant for employment on the basis of that individual’s exercise of or attempt to exercise his or her rights under the ban with respect to that place of employment or with respect to food service establishments.  

The new legislation authorizes the Michigan Department of Public Health to enforce the ban and its penalties, and further authorizes the Michigan Department of Public Health to deputize local health departments to do the same.  The legislation also provides that a private citizen may file a civil action for appropriate injunctive relief for any violations of the ban if that person has used the public place in question within 60 days before the civil action is filed.  It must be noted that the remedies under the ban are independent and cumulative, and the use of one remedy by a person does not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person.

The new legislation requires the director of the Michigan Department of Public Health to report biannually to the legislature on the effect and enforcement of the new ban.

There are a number of exemptions to the new ban.  These exemptions include cigar bars (only cigars may be smoked, no cigarettes), tobacco specialty shops, home offices, commercial trucks and motor vehicles.  (Various requirements must be met in order to fall under these exemptions, so it is important for these sorts of businesses not to assume that they are automatically exempt from the ban.)  There are also exemptions for the gaming floors of the three different Detroit casinos, but the other casino bars and eateries must be smoke free, and including casino restaurants and hotels.  Michigan’s 20 American Indian casinos are not covered by the new ban as they are not governed by state law.