The Clean Indoor Air Act's exemption to allow smoking in private clubs has created confusion for more than 2,500 fraternal organizations, veterans posts and volunteer fire, ambulance and rescue organizations covered under the exemption.
Being exempt, according to the act's language, is not automatic. Instead, each club's officers must vote to remain a smoking facility and record that vote in its minutes before Wednesday's deadline.
Holli Senior, state Department of Health spokeswoman, said private clubs that don't vote before Thursday will be considered smoke-free and face sanctions if smoking occurs within their walls.
"We understand this is an educational process and a new law in Pennsylvania," she said. "We won't be shocked if patrons go into a place where they've gone for years and light up a cigarette."
Private clubs that vote to allow smoking are asked to notify the state Department of Health of their decision. A form for that purpose will be posted tomorrow at its Web site, www.health.state.pa, where people also can pose questions. People also can call the department help line at 1-877-835-9535.
But officers of private organizations said the health department did not spell out in timely fashion the requirements affecting exempt facilities nor the effect their decision to allow smoking could have on club operations.
"There's been a lot of misinformation regarding it, and I'm not sure where some of it has come from," said Thomas Helsel Jr., the Elks Club state chairman for government relations and secretary of the state Association of National Chartered Organizations, which includes 2,500 posts and lodges. "We've spent the last two weeks trying to get everybody on track."
Some clubs already limit smoking to closed-in bars, which could continue only if the club votes to permit smoking.
Many clubs, including American Legion and Veterans of Foreign Wars posts and Elks, Moose and Eagles club lodges, hold regular public events, which pose problems for smoking facilities. The law will require public events to be smoke-free, which would force the club to ban smoking during bingo and other events.
The question tripping up many clubs is whether guests of club members are allowed into a post that permits smoking. Ms. Senior said individual members' guests are permitted inside those facilities, as long as they are not attending an event open to the public.
Scenarios are endless, and the health department has issued a multi-page brochure addressing tough questions that have arisen about the law's impact on private clubs.
Part of the confusion stems from a Department of Pennsylvania Veterans of Foreign Wars letter sent in recent weeks to its 540 posts, which include 120,000 members. VFW officials said the health department later clarified issues, forcing the VFW to scramble to forward accurate information to its membership.
"Should our members wrestle with it or should legislators do what they should be doing and get something everyone can understand?" said John Brenner, state adjutant of the Pennsylvania VFW. "They put you in a category, and then you have to do this and that to be private. They are creating confusion."
The VFW's national leaders have been urging their posts to go smoke-free for years so more families will enjoy post functions. But Mr. Brenner said each post must make that decision.
Mr. Helsel said the national Elks, and most other clubs, also have taken a hands-off approach, but are trying to provide members with accurate information to assist with their decisions. To date, he said, more Elks clubs are opting for the exemption so they can institute smoke-free policies at their own pace.
"Some are adamantly nonsmoking and others say they need to have it," Mr. Helsel said. "My belief is that the majority [of Elks Clubs] will remain smoking.
"I know there is some confusion out there. But I think for the most part we'll be OK when the ban goes into effect. It's been interesting explaining this to everyone."
Kit Watson, state adjutant for the Department of Pennsylvania American Legion, said he's asked the health department to provide it and its 800 posts statewide with written clarifications to key questions, despite the looming deadline.
"The gray areas are going to cause problems," he said. "It's supposed to be cut and dried."
Mr. Watson said he recently received 100 calls about the smoking ban in three days.
"I'm looking forward to getting the information and doing what we have to do so our posts can make intelligent decisions."
Exempt or not, each club should post signs stating that it permits or bans smoking. Signs are available at the department Web site, where questions also can be answered.
Ms. Senior said the department has been working feverishly under a 90-day deadline to put "a very complex bill" into action. Despite some problems and confusion, the transition is going smoothly.
"Ninety-five percent of the law is extremely clear," she said. "If there are areas that seem gray, we'll be dealing with those on a case-by-case basis. That's why we encourage people to reach out to us directly."
