HARRISON – The state is suing the Caswell House restaurant in Harrison and a Brunswick bar for defying a smoking ban that went into effect Jan. 1.

The two establishments are the first to be sued under the new law, which prohibits smoking in all lounges, taverns and pool halls, including lounges in hotels.

The lawsuits call for fines to be imposed against the businesses of $100 a day for each day of violation, said John Archard, tobacco control coordinator for the Attorney General’s Office.

The Caswell House suit states that investigators confirmed that smoking has been allowed in the bar since Jan. 15. In the case of McGillicuddy’s, the suit states that smoking has been allowed since Jan. 16.

Each day that any person is found smoking in a public place is a separate offense under the law. If found to be in violation, the businesses also face possible suspension of their liquor license, since violation of the law is also a violation of the liquor license rules.

It’s unlikely that the liquor licenses would be suspended for a first offense, however, Archard said.

Caswell House owner Thomas Malloy declined comment Thursday about the civil lawsuit, filed Wednesday in Bridgton District Court. A first reading in the case will be held March 11, after which a hearing date will be scheduled.

McGillicuddy’s faces a first reading on the complaint March 2 in West Bath District Court.

In the case of both businesses, it was complaints from residents that sparked investigations that confirmed the new smoking ban was being violated. Archard said that when the Caswell House was served the summons on Wednesday, there was a sign on the wall saying that “smoking is allowed.”

The law requires bar owners to post “No Smoking” signs in several visible places.

The Maine Coalition on Smoking or Health issued a statement Thursday saying the organization “believes that it is unfortunate that a few bars in Maine have chosen to break the law and allow smoking in their establishments.”

The coalition statement said that “almost” all of the state’s bars, pool halls and taverns are complying with the new law, and the two lawsuits “are the direct result of Maine citizens voicing their rights to smoke-free public places.”

Maine’s Public Places Smoking Law for Lounges, Taverns and Pool Halls makes the state almost entirely smoke-free, Archard said. One exception is off-track betting parlors, where smoking is allowed in a separate room.

Smoking has been banned since 1985 in work areas and places of employment, and in most enclosed public places since 1993. In 1999, restaurants were required to become smoke-free.

Attorney General G. Steven Rowe said in a statement that the law is intended to protect the public and workers from the effects of second-hand smoke. Of the 2,100 Mainers who die each year from smoking-related diseases, 300 of them died as a result of second-hand smoke, he said.

Archard said owners of McGillicuddy’s and the Caswell House apparently had “a misperception that there would not be enforcement of the law.” He added, “If we substantiate complaints, there will be more lawsuits” against any other businesses that try to defy the ban.

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