The five-figure penalty levied this week against a South Side bingo operator might be reduced.
Allegheny County Chief Executive Dan Onorato said Friday he believes the $16,250 fine of the Lithuanian Citizens' Society of Western Pennsylvania was excessive, and urged the county Health Department and the social club to "sit down and discuss this issue and come to some sort of compromise."
Onorato "thinks the health department was trying to send a very strong message and get people's attention. They're following the letter of the law," said his spokesman, Kevin Evanto. While some sort of penalty is warranted, Evanto said, "obviously this is a case where the fine was excessive."
The 95-year-old social club became the first establishment to be fined for violating the anti-smoking ordinance since it took effect in January. A county health inspector reported observing at least 65 patrons smoking during a March 21 bingo event at the Jane Street club.
The department issued a warning for the first lit cigarette, then began tabulating fines of $250 for each additional one. The organization was hit with an additional $250 for failing to have a workplace smoking policy. No individual patrons were fined.
The countywide ban prohibits smoking inside nearly all public places, and within five feet of doorways to those places. Restaurants and bars are exempt until May 1. A decision on appeals filed with Commonwealth Court is expected before that date to determine whether such venues should be included in the ban.
A hearing presided over by a health department employee will be set within 30 days. Department spokesman Dave Zazac said that while he could not predict the outcome of the hearing, "it's conceivable the fine will be reduced."
Some bingos and other charitable events can allow smoking because they are entirely staffed by volunteers who are older than 18, but the Lithuanian society pays its bingo staff. Officers said as an establishment with a full bar for members and bingo just twice a week, they believed the temporary tavern exemption included them.
However, Evanto said Onorato does not dispute the health department's assertion that social clubs are not exempt.
"Hopefully a reasonable compromise will be reached," said club president John Baltrus.
The Lithuanian club began prohibiting smoking with its Wednesday night bingo, although manager Barb Hooper said she felt unfairly singled out among South Side social clubs.
Drew Schuckman, bingo manager of the American-Serbian Club on Sarah Street, hastily introduced a no-smoking policy for his Thursday night games. He said attendance was down 30 percent.
"People were running up and down the steps, trying to smoke and watch their cards," Schuckman said. "It was crazy."
The health department said it has sent out 42 warning letters in response to complaints about violations of the ban. Among them were 12 stores, eight bowling allies, seven office buildings, six bingo halls and three social clubs.
An apartment building, a roller rink and the Turtle Creek Borough building were each issued warnings, as was a metals factory in Bridgeville, Phipps Conservatory and Botanical Gardens, and South Side video arcade.
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