MELISSA O'NEAL/Arizona Daily Wildcat Arizona International College junior Kirk Stauff said he quit smoking for six months, started up again when school started, and plans to quit again soon. Many UA students are in similar situations, walking the line between being a smoker and quitting.

UA's smoking restrictions are hardly enforced, and students feel free to break them

UA officials have tried it all: enacting a policy backed by legislation, posting signs around buildings, and placing ashtrays far away from building doorways, but UA students still continue to smoke where they please.

A policy backed by state law was enacted in July 2000 to keep smokers at least 25 feet away from entrances to most campus buildings. The only exceptions are smoking-designated residence halls, parts of McKale Center and Arizona Stadium, building stairwells and buildings partially leased by the university.

However, many students ignore the law, saying it's their right to smoke where they want.

"The law is ridiculous. If it involves me taking the energy to walk outside, I don't want to walk another 25 feet just to smoke," said Scott Levinson, a political science freshman. "I came to this school to be free, but I guess it's just another rule."

UA Rules on Smoking · No smoking within 25 feet of an entrance to a building · Some residence halls do allow smoking · A violation of this rule is a "petty offense"

Off campus, Tucson restaurants can't have smoking sections unless they have separate ventilation systems, or if the restaurant can prove that its business decreased at least 15 percent because of the ventilation rule.

While some students think that the laws in Tucson are strict, other towns have even stricter laws.

Last May, Tempe voters passed Proposition 200, which forbids smoking inside all public buildings, forcing many Arizona State University students to go to other restaurants and bars in surrounding cities.

Although Tempe is the only city in the state with a smoking ban, a few cities are looking to follow its lead, leaving many UA students wondering if their town is next.

Tucson City Councilwoman Carol West sits on a league of cities committee. During a recent meeting, committee members from Tempe asked other cities in Arizona to pass bans similar to theirs.

However, West said the majority of the committee felt it important that cities be allowed to decide on their own.

She said it is not likely Tucson will adopt a Tempe-like smoking ban.

"We don't have plans to move forward on that," she said.

However, 28 percent of UA students smoke, according to a 2001 Health, Wellness and Safety Committee poll, and many of those students are still worried that Tucson will eventually follow Tempe's lead.

"It's bullshit. It's a right to smoke in bars," said Vedat "Chuey" Turgay, an industrial engineering senior.

"If you want to kill yourself with smoking, you should be able to do it anywhere outside where it's open. We're not trying to intentionally get the smoke to go back inside or anything," said Zach Mazzetta, an undecided freshman.

But people in favor of a ban in Tucson say that allowing public smoking is a violation of their health rights.

"I don't think you should be able to smoke in public places at all. It harms those that don't smoke," said Sharon Stirler, a finance and entrepreneurship senior.

Even Timothy Quinn, a communication senior who classified himself as a social smoker, said the policy should be enforced.

Quinn said the entire state should take the same measures as California, where it is illegal to smoke in bars.

"It's a great idea. Second hand smoke kills. I think they shouldn't allow smoking anywhere," he said.

In Tempe, the ban has been blamed for numerous bar closings and a loss of business.

Richard Bank, chairman of Citizens for Fair Non-Smoking Laws, said some bars have lost up to 70 percent of their business. He cited one Budweiser representative telling him that Tempe beer orders are down 25 percent, while beer orders in Scottsdale, a nearby city, are up 25 percent.

A spokesperson for Dirtbags bar said a ban in Tucson would hurt business as well as violate private property rights.

However, Bank said he has no problem with a smoking ban as long as it puts everyone on a level playing field.

Some students agree with Bank's view.

"Each bar and restaurant should be able to choose," said John Stockero, an aerospace engineering graduate student.

Stockero sees the health advantages of the ban, but says it might not be worth it if it hurts business.

For now, a Tucson smoking ban has not been proposed to the city's government, said Jay Gonzalez, communications director for the city manager.

Tucson Vice-Mayor Shirley Scott calls the argument over smoking laws an open debate with two passionate sides.

"I think that, generally speaking, people want to live a healthier lifestyle, but whether that means banning it everywhere is the real question," she said. "There are people who wish to go to an entertainment place and they feel that they have the right to smoke."

No matter what, West said, smokers will have the freedom to smoke in public for at least another year because it's an election year and the city council doesn't want to take up anything controversial.

"If we did decide to do it we would spend a lot of time and get a lot of public input," she said.

Officials from UAPD and the Human Resources department could not be reached for comment Thursday afternoon.

Arek Sarkissian II and Rebekah Kleinman contributed to this report.