RONAN - No, she says, SWAT teams will not descend on The Club, the Ronan bar whose owner told the Missoulian this week he is not, nor will he, enforce in his business the statewide ban on smoking in enclosed public places that was extended to bars on Oct. 1.

The ban, says Diana Schwab, Lake County tobacco prevention coordinator, is a complaint-driven law.

If people file complaints about The Club or any other business in Lake County regarding non-enforcement of the smoking ban, she will follow the steps outlined in state law, in which educational and warning letters are sent after the first two complaints, and fines of $100, $200 and $500 can be imposed on the third, fourth, fifth and subsequent complaints within a three-year period.

If no one gripes, nothing happens.

"It's up to the public to complain," Schwab says. "Four out of five people don't smoke, and the law relies on public pressure. Most people do want a smoke-free environment."

Findings consistently show significant reductions in heart attacks and illnesses after public smoking bans go into effect, Schwab says, and the reason for the law is simple.

"The need to breathe clean air," she explains, "supersedes the need to smoke."

But Rick Wheeler, who owns The Club with his wife Vicki, says enforcing the ban will put him out of the business he's owned for 20 years.

That's because this is an Indian reservation, and the state Legislature exempted bars and casinos owned by sovereign tribes and enrolled tribal members from the ban.

Eighty percent of Americans may not smoke, but Wheeler says 90 percent of his customers do. With a bar, the Pheasant Lounge, that can legally allow smoking located about a block from The Club, Wheeler - a non-tribal member - maintains his business would grind to a virtual standstill if he forced his patrons into the cold air every time they wanted to light up.

"If I didn't allow smoking, they'd just go across the street to where they can," Wheeler says. "That's not right."

"I do agree there are different issues on a reservation," Schwab says. "I understand what the owner is saying - he's afraid he'll lose his business to a smoking bar. All I can say is he is responsible for complying with state law."

Schwab has received one complaint about The Club, from a non-smoker participating in a pool tournament who reported seeing 20 to 25 people smoking inside the bar. Schwab sent the required certified letter to the Wheelers and followed up with an educational visit.

Schwab talked with Vicki Wheeler, who Schwab said "was very nice, but told me they don't plan on complying."

Whether it's pushed further, however, will be up to The Club's patrons.

"It's people like (the pool player), who want to enjoy the activities they participate in without being in a smoke-filled environment, who will make the difference," Schwab says. "They just want places to comply, and ask people to step outside if they're going to smoke."

Schwab says she's done the same thing with another Ronan bar, K&D's Valley Club, because of one complaint lodged against it. Schwab says those are the only two complaints she's had in Lake County since Oct. 1.

Rick Wheeler says he'd prefer that people who don't want to be around cigarette smoke to patronize a bar that is enforcing the smoking ban.

"There are plenty of places for non-smokers to go," he says. "Smokers have rights, too."

You don't dial 9-1-1 if you want to complain about someone smoking in a place where it's not allowed.

"It's not an emergency," Schwab admits.

You can file complaints online, at www.tobaccofree.mt.gov, where you'll be asked to describe what you saw, where you saw it and when you saw it. You must also sign the complaint and give your address and telephone number, which become public record.

If the complaint is out of Lake County, Schwab will be notified by e-mail. She reads the complaint, determines if a violation has occurred and begins the process that starts with the first letter.

Third and subsequent violations would be turned over to the county attorney's office, which would decide how to proceed from there.

"My job is educational, not law enforcement," Schwab says. "Ultimately it's up to the county attorney if it gets to the point where they can be fined."

She said she also hopes the Confederated Salish and Kootenai Tribes consider "adopting their own smoking ban for the health of their employees, too."

The tribes do enforce smoking bans in their government, business and college buildings, but have not addressed it in their bars and casinos, the KwaTakNuq Resort in Polson and the Grey Wolf Peak Casino north of Evaro, which both continue to offer smoking and nonsmoking bars and casinos for patrons.

Tobacco use has a sacred role in Indian culture, which may be one reason the state chose not to go there when it adopted the Montana Clean Indoor Air Act.

By not doing so, Rick Wheeler maintains, the state has discriminated against him based on his race.

Reporter Vince Devlin can be reached at (406) 319-2117 or at vdevlin@missoulian.com.