Changes to Illinois Law Could End Smoking in Several Outdoor Areas

A recent clarification to the definition of an enclosed area in the Smoke Free Illinois Air Act could bring an end to smoking out a number of outdoor spaces, most notably outdoor areas of bars and restaurants as well as beer gardens.

The key change was to define an enclosed area as “all space between a floor and a ceiling that is enclosed or partially enclosed with (i) solid walls or windows, exclusive of doorways, or (ii) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors.”

The changes go onto say that a wall includes “any retractable divider, removable wrapping or other physical barrier added to a wall, regardless of size, whether temporary or permanent, and whether or not containing windows or other openings of any kind, size or number.”

The change was approved in mid-August but has only recently come to light as the state register was updated and published. Several restaurants have reported receiving no notice from the state about the changes, instead finding out about it through local media.

While the changes was made at the state level, it remains up to local jurisdictions to enforce the ban, with fines for individual violators ranging from $100 to $250 and businesses subject to fines of $250 to $2,500 for allowing smoking.