A sign in the men's bathroom at Lucky's Sport Bar and Grill in Auburn reads: "If you're caught (smoking), you're barred for life."

Less than a mile away, a posting on the front door of Costello's tells a very different story. "Attention," it says. "Smoking will not be restricted."

Both are indications that after two years, Cayuga County establishments are still trying to get accustomed to - and are not 100 percent compliant with - the state's Clean Indoor Air Act. The act, which took effect July 24, 2003, bans smoking in almost all workplaces, including restaurants and bars.

The law was passed to protect workers from the potential health hazards of secondhand smoke and has been touted as a success by the state Department of Health and anti-smoking proponents.

"This product (cigarette) is legal, and it can kill you," said Anne McCarthy, program coordinator for the Cayuga County Tobacco Free Coalition. "Why should we as non-smokers be exposed to other people's smoke?"

A 2004 independent evaluation prepared for the state health department revealed a statewide compliance rate of 93 percent and said that the majority of New Yorkers reported no change in patronage of bars and restaurants due to the law. But compliance in bars lags behind other venues, with smoking still occurring in one of six bars across the state, according to the study.

Local establishments contend that the law has discouraged customers and hurt their bottom line.

Marcy Albino, owner of Legends Tavern in Union Springs, said there are some regulars that "won't even come in" and guessed that his revenue is down 30 percent since the act's passage. John Stevens, owner of Spirits Tavern and Cafe in Auburn, estimated the same amount.

"They don't stay as long as they used to," Stevens said. "They go outside to have a cigarette and they might not come back in."

Such stories are not unusual, according to Scott Wexler, executive director of the Empire State Restaurant and Tavern Association. He called the law an "economic disaster" and said that it has caused hundreds of establishments in the state to go out of business.

Wexler said that the industry has lost more than $100 million dollars since the law went into effect and is only now rebounding. But even this rebound puts it at the same levels immediately following 9/11, the worst point in the industry's history, he said.

"Ain't no one in the industry cashing in stock dividends," Wexler said.

In Cayuga County, environmental health director Eileen O'Connor said that the county has "generally a good compliance" with the law.

In an attempt to evaluate compliance, The Citizen conducted its own check of 54 county bars and restaurants from June 30 through July 13. The newspaper obtained the names and locations of bars with active bar liquor licenses through the New York State Liquor Authority.

Staff observed smoking at seven establishments; all seven have had previous complaints filed with the environmental health office, and some have been fined.

According to the county's official records, in the past two years there have been complaints about 34 establishments, seven of which received fines.

For such violators, the county has a three-strikes-and-you-pay policy.

After the first complaint, Environmental Health will call the facility and send a follow-up letter. The second time, someone from the division visits the establishment and sends another letter. By the third complaint, the board proceeds with a consent order and a fine.

The fine for a first-time offender is $100, $250 for a second offense, and a third offense results in a board of health hearing.

Cayuga County is more lenient than Oswego County, where in February, the board of health decided to eliminate any warning notice, guaranteeing an automatic $1,000 first-offense fine. First-time violators can receive a $500 reduction with an admission and stipulation agreement, but all subsequent offenses will be $1,000, said Natalie Roy, associate public health sanitarian for the county's health department.

The board of health felt that enough time had gone by for sufficient education about the law, Roy added.

Cayuga County only responds to violation complaints - which can be anonymous - and does not perform random inspections.

McCarthy thinks that this system is both effective and adequate because the health department also checks for compliance during its regular health inspections (once a year for establishments that don't serve food, twice a year for ones that do).

Enforcement of the CIAA is then often largely left up to each individual establishment.

At Legends, one of the bars in which The Citizen observed smoking, this can sometimes prove a difficult task, Albino said. While his staff will ask someone smoking indoors to stop, he explained that it's impossible to enforce the law all the time.

"I can't keep track of everything; neither can my bartenders," Albino said, noting that he often finds cigarette butts on the bathroom floors. "I don't know how to stop them. I don't know that anybody really does."

Karen Norris, owner of Lucky's in Auburn, said things aren't any easier at her bar. Despite numerous yellow signs and no-smoking notices in the bathroom, patrons continue to try to light up, she said.

For a month and a half after the law was implemented, Norris set out ashtrays, but she put them away because she didn't want to take the risk. "(Smokers) still to this day come in to complain," Norris said. "I tell them 'If you want to give me $150 to $200 for a fine, light up.' "

Enforcement is one of the main areas of concern for taverns, Wexler said. Owners are liable under the law, but Wexler believes that the smokers themselves should also be held accountable.

He said that inspectors sometimes only stop in for a few minutes and therefore don't see the efforts of bar staff to stop smokers. If inspectors do see smoking, they should personally approach the violators and ask them to stop, Wexler said.

"I believe if the owners were a bit more aggressive and the health department was a bit more customer-friendly, we'd probably be able to move past this whole issue," he said.

Although Wexler and bar owners are very vocal about their dislike of the law, McCarthy said there are plenty of people who support it.

"I think there's a silent majority out there that's just not raising the fuss that smokers are raising," McCarthy said, citing a study conducted for the Tobacco Free Coalition.

In June 2004, random telephone interviews of 400 people in the county indicated that 55 percent favored the Clean Indoor Air Act, while 28 percent opposed it. About 91 percent regarded exposure to secondhand smoke as harmful.

And according to the aforementioned independent study prepared for the state health department, total exposure to secondhand smoke in hospitality settings declined by 84 percent, from 13.5 to 2.2 hours.

Ellen Fiorenzo, a bartender at Lasca's in Auburn for the last 12 years, doesn't deny the health risks associated with secondhand smoke. But Fiorenzo, a lifelong non-smoker, said that it was her choice to work in the industry and that it should be a business' decision whether or not to allow smoking. Her tips have been cut in half since the law's passage, she said.

Lucky's owner Norris also recognizes the health risks - she's trying to quit smoking now because of her asthma.

"But even if I quit, I would still fight for (smokers) because it's their choice," Norris said. "I'm not going to let that cigarette take business away."

Staff writer Linda Ober can be reached at 253-5311 ext. 237 or linda.ober@lee.net