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Members of the Guam Hotel Restaurant Association have not yet taken a position on the newly enacted Natasha Protection Act. And until they do, lawmakers don’t plan to change what some have called a flawed law, the legislative speaker said yesterday.

At the GHRA’s General Membership meeting yesterday, Speaker Mark Forbes told the leaders of the island’s hospitality industry that the current ban on smoking in hotel rooms that the act created was an “unintended consequence” of the legislation.

The bill was intended to create smoke-free restaurants on island, but lawmakers’ decisions to require that special ventilation systems — which don’t exist — be installed to allow for smoking in enclosed public areas has essentially banned smoking in enclosed public areas all over the island.
Hotel rooms were included in the ban because the legislation defined a public place as “a place where someone of the public is or may be invited,” and references hotel rooms. But Forbes, R-Sinajana, said he could see another interpretation.

“Once rented, (a hotel room) becomes a private place,” he said. “The public no longer has unlimited access to this area.”

The speaker invited the GHRA to meet with lawmakers if they decide they want any changes to the existing law. Bart Jackson, GHRA board chairman and general manager of the Pacific Islands Club on Guam, said the association has not yet decided what action will be taken, if any.

“We want to have a consensus and from there, we will have to figure out our next step,” Jackson said, adding that it’s not clear how the ban will affect the industry.

“If a guest sneaks a cigarette into a room, what can we do,” Jackson said. “Are the hotels supposed to take a position of an adjunct police force?”

GHRA President David Tydingco has said one of the biggest challenges to the new regulations is being able to get the message out to Guam’s visitor markets. Tydingco said the industry is working with the Guam Visitors Bureau to get the word out to the tour agents overseas.

Ohana Oceanview Guam Hotel Manager Vincent Cruz was at yesterday’s meeting and said while the intentions behind the legislation are good, there still are some issues that need to be ironed out.

“I think it’s a good law to have in place, but it needs to be re-looked at,” Cruz said.

University of Guam Associate Professor for Public Administration Ronald McNinch said he appreciated Forbes’ remarks in encouraging the association to come forward if they think there is a need for change.

But McNinch, who was at the meeting, said the GHRA is not free from blame. He said the GHRA was the one that went outside of the scope of discussion of the original bill to ban smoking in restaurants, by veering the conversation further into bars and hotel rooms.

McNinch, who also serves as the American Cancer Society’s board president, said at the time he encouraged strong dialogue with the Legislature and GHRA to come up with the best bill possible.

“At least (the association) has taken a neutral position,” McNinch said. “But there has still not been a full debate on this issue — that really needs to happen.”