The smell gives it away before you even spot the ashtrays on the bar. In the early afternoon on a Thursday, the Squirrel Hill Café isn’t packed, but the smell of smoke still hangs in the air from the half-dozen smokers lined up at the bar. Jan Cavrak, a manager at the Forbes Avenue bar for more than three decades, said they don’t get many complaints from non-smokers. “People come through the door and” — here, she sniffs and makes a face — “and then turn around and walk out,” she said. “It’s not everybody’s cup of tea, but we allow it.” The Squirrel Hill staple, known affectionately as the Squirrel Cage, is one of 372 establishments in Allegheny County that still allow smoking indoors, according to data from the Pennsylvania Department of Health. That’s the highest number of exceptions to the Clean Indoor Air Act (CIAA) across the state. Luzerne County had the next highest with 114, followed by 75 in Westmoreland, 67 in Delaware and 63 in Beaver, according to the CIAA 2019 legislative report, which covers Dec. 1, 2018 to Nov. 30, 2019. The act, passed by the state Legislature in 2008, prohibits smoking in public places and workplaces, though it allows for exceptions: private social clubs, like Veterans of Foreign Wars posts, and parts of casino gambling floors. Tobacco shops and bars where food makes up less than 20% of their sales can also apply for exemptions to the act through the health department. At the Squirrel Cage, it’s just how it’s always been, said Cavrak, a smoker herself who is quick to lend a lighter. “I’d say about 75% of my customers smoke,” she said. “I think it should be everybody’s choice.” Law exemptions remain Lawmakers have been challenging those so-called “loopholes” in the 2008 Clean Indoor Air Act for years, but many of those bills have languished in state House and Senate committees. “There’s a reluctance to rock the boat on it,” said state Rep. Dan Frankel, D-Squirrel Hill, who has also pushed for removing exemptions to the Clean Indoor Air Act. Part of the challenge is that every lawmaker has bars and restaurants in their district, and no one wants to jeopardize those businesses, he said. But that attitude could be changing as lawmakers and the public accept the dangers of smoking. Frankel co-sponsored a bill introduced in March that would remove exemptions for bars, casinos and private clubs. He argues that employees of those establishments may not have the luxury to find another job if they don’t want to work in an environment where indoor smoking is allowed. “People who work in those bars are basically exposed to a known carcinogen, and that’s irresponsible,” Frankel said. “Nobody should have to work in that environment.” Changing the law would make sure patrons and workers alike are safe, said Carla Conrad, executive director of the Cranberry-based lung health advocacy group Breathe Pennsylvania. “But the people around you, they don’t have that same choice when these laws aren’t in effect,” she said. In addition to health concerns, exceptions allowed by the Clean Indoor Air Act give some businesses an unfair advantage, said Melissa Bova, vice president of government affairs with the Pennsylvania Restaurant and Lodging Association. “We’re operating in a gray area where there isn’t a clear delineation in terms of what’s right and what’s wrong in terms of operating,” Bova said, adding that eliminating exceptions to the Clean Indoor Air Act would create an even playing field for businesses across the state. Pennsylvania is one of 10 states that do not fully ban smoking in bars, according to data updated yearly by the Centers for Disease Control and Prevention. In comparison, 28 states and the District of Columbia — including neighboring Maryland, New Jersey, New York and Ohio — do have statewide bans on smoking in bars. West Virginia does not have any statewide laws on the books that regulate smoking indoors, according to the CDC. The number of establishments receiving exceptions to the Clean Indoor Air Act statewide has steadily declined since 2011, according to figures provided by the state Department of Health. In 2011, there were 4,144 applications for exemptions, and 2,827 were approved or renewed. The number approved dropped to 2,564 in 2014 and further to 2,199 in 2017. By 2019, of the 4,819 applications for exemptions, 1,866 were approved, according to the health department. Most of those establishments — 1,474 of them — were for bars that allow smoking throughout the entire establishment. Those numbers don’t include Philadelphia County, which has its own local ordinance governing indoor smoking. More private clubs ban smoking Private social clubs like Veterans of Foreign Wars posts are among those establishments that have started restricting smoking indoors on their own. Of the 430 VFW posts in Pennsylvania, at least 65 have notified the state headquarters that their canteens have gone smoke-free, said David Sandman, communications director for Pennsylvania Veterans of Foreign Wars state headquarters. The Monroeville American Legion Gold Star Post 820 restricted indoor smoking in 2019, cordoning off part of the room so that smokers were segregated from the rest of the bar. A grant from UPMC helped them to clean up the space, cleansing the duct work and walls of cigarette odors. The post — which serves about 40 people on a busy night — took a hit at first, but business picked back up after patrons who smoke realized that they could still enjoy the club, said Regis Dugan, post commander. “I think most other places are looking at it as this is a refuge for people who like to smoke — and a lot of older veterans still like it,” Dugan said. The Veterans of Foreign Wars Post 3945, in Pittsburgh’s Morningside neighborhood, banned smoking about a year ago as well. “We took a beating on it,” said John Devlin, the post’s senior vice commander. “Our business really went down.” The post built a shelter outside to shield patrons from the elements if they stepped out for a smoke. They also cleaned the inside of the building, and repainted the bar and the recreation rooms. Since then, businesses has picked back up since the space feels more family-friendly, Devlin said. “We thought we were going to make a mistake on it,” Devlin said. “And we did it and, we did it right.” The Oakmont Tavern went non-smoking about two years ago, creating a boom in business, said longtime bartender Debbie Long. She said the owners, non-smokers, held out because they feared dedicated regulars who smoke would go elsewhere, but complaints and allusions to “Smokemont” in Facebook reviews led them to finally snuff out smoking. “It’s actually been really good for us,” Long said. “Definitely without a doubt we’ve seen an increase in food sales.” A former smoker herself, she said she’s essentially given up the habit because she doesn’t want to be behind the bar smelling of smoke. “I can’t even imagine back when there was an ashtray here on the bar,” she said. Jamie Martines and Megan Guza are Tribune-Review staff writers. You can contact Jamie at 724-850-2867, jmartines@tribweb.com or via Twitter @Jamie_Martines. You can contact Megan at 412-380-8519, mguza@tribweb.com or via Twitter @meganguzaTrib. Email Newsletters TribLIVE's Daily and Weekly email newsletters deliver the news you want and information you need, right to your inbox.