S.F. BAR SUED FOR SMOKING BAN VIOLATIONS

City Attorney Says Pub Owner Ignored Warnings

In a move that could signal the start of a crackdown on smoking in city
bars, San Francisco officials yesterday sued a Marina District pub that
allegedly violated the state's 4- year-old ban on lighting up in workplaces.

City Attorney Louise Renne's office filed suit against Tim Delaney, owner
of Delaney's pub on Chestnut Street, claiming he had repeatedly failed to
heed warnings that his business was not complying with the 1995 law.

It's the first time the city has sued a bar owner over the smoking ban,
Renne said. Bars were phased in under the law in 1998.

Renne said Delaney's had received five warnings and one citation from
health officials before the city decided to act.

``We had gotten to the point where it was time to take tough action,'' she
said. ``(Delaney's) continued to flout the law and made it clear that they
had no intention of complying whatsoever.''

The city is seeking up to $12,500 in penalties from Delaney's, or $2,500
for each alleged violation.

Delaney, a former professional football player who opened the bar three
years ago, was unavailable for comment yesterday.

A Chronicle survey of city bars last fall found that the smoking ban was
being routinely ignored in saloons. Many customers, in fact, were vehement
in their dislike of the law and insisted that they be able to light up.

``I've never gone to a bar in San Francisco where I wasn't able to smoke,''
one woman said.

But Renne said the time has come to crack down. The city may soon take
other bars to court that are not enforcing the smoking ban.

``There are other cases we are investigating,'' Renne said. ``It is always
our hope that owners comply with the law, but there are a few recalcitrants.''

Under the ban, which was adopted to protect the health of workers,
employers are supposed to post ``No Smoking'' signs and ask patrons to
refrain from lighting up.

Yesterday, nobody was smoking at Delaney's, a beer and spirits pub located
in the middle of the upscale and relatively conservative Chestnut Street
strip.

Nobody was talking, either, to a constant stream of reporters who came to
the bar seeking comment from patrons. The suit had put a chill in the air.

But at Danny's, a small working-class joint down the street, everybody
except the bartender was puffing a cigarette and a visiting construction
worker from Los Angeles pronounced the smoking ban ``stupid.''

``I think it's a waste of tax dollars to have the city policing people who
smoke in bars,'' said Tom Grieco, dragging on a Marlboro. ``A lot of people
don't drink unless they smoke.''

Danny's owner, Jay Price, said he had sympathy for Delaney.

``When we tried to enforce the law, our business dropped by 30 percent,''
Price said. ``Can you afford to lose that? I think it's unfair. You're
asking me to close my doors.''

One patron said the trouble was ``health-freak yuppies'' imposing their own
standards on people. Another, who refused to give her name, said she had
recently received a $77 citation for lighting up in a bar.

``I didn't like separating myself from my money,'' she said. ``And they
don't enforce the ban equally. I think the law stinks.''