Dear Kent,

I can’t encourage people to purchase your product, but I do believe that your product meets the requirements under the law for a sheltered outdoor area in which smoking could be allowed.  I have no doubt about that.

There is much more certainty about the law at this point because the Wisconsin Dept. of Commerce has announced that it will no longer pursue the substantive changes in that proposed rule I sent you some time ago.  All we need to look at now is the 2009 Wis. Act 12, and the minor change passed recently clarifying that a solid wall is a “substantial wall” and that the 25-percent openings to actually have to allow air flow.

Even if there were more changes to the law, the Cabreeze™ structure is flexible enough to accommodate any changes I could imagine.  Under current law, it’s required to have 25 percent airflow through two sides, OR to have the roof open.  Even if more airflow were required at some point in the future, say a requirement of 50 percent air flow or even 70 percent, the Cabreeze™ would accommodate that.  Or, the sides could be left closed and the roof opened.

I really don’t see any cause for concern related to the law and possible changes.  Smoking will not be allowed in indoor areas, but will be allowed in outside structures that meet these airflow requirements.

Sincerely,

Wisconsin Restaurant Association