In N.H., it's smoke free or die

Out came the plate of hash, moments after the lighting of the Rave Light 100s cigarette. No need, though, to waste a perfectly good smoke. In between bites of hash and sips of coffee, 66-year-old Phil LaRoche inhaled his morning fix of nicotine at Joanne's Kitchen and Coffee Shop in downtown Nashua.

''You've got to have the cigarette with the morning coffee," said the retired electrician, resting his elbows on the gray granite countertop of the decades-old diner as a trail of smoke wafted from the cigarette between his fingers.

With most New England states banning, or in the process of banning, smoking in restaurants and bars, New Hampshire is quickly becoming the region's last bastion where smokers can enjoy a cup of coffee or a meal with a cigarette. In a state that sells liquor on federal highways and allows motorcyclists to ride without helmets, smokers say the privilege to light up in restaurants and bars fits nicely with the Granite State's motto, ''Live Free or Die."

''There are worse things than smoking," said David Deane, a Marlboro-smoking Nashua alderman, who suggested in a telephone interview that if customers do not like a smoky restaurant, they should go to one that is smoke-free. ''I don't drink, but I go to bars. I don't sit there and anguish over the fact that people are drinking and then get behind the wheel and do other stupid things."

Smoking in bars and restaurants is a privilege that antismoking crusaders in New Hampshire would like to snuff out, but the state's 1991 Indoor Smoking Act, which set up guidelines for segregating smoking areas with such things as partitions, is making it difficult to ignite a grass-roots campaign.

The state Supreme Court struck down a townwide smoking ban last August in bars and restaurants in Colebrook, a northern outpost of 2,300 people near the Vermont and Canadian borders, ruling that the state law forbids municipalities from enforcing stricter standards.

The town nevertheless has kept the ordinance on its books, and all restaurants and bars, except one, abide by it, said Robert Soucy, Colebrook's public health officer, who is also a family practitioner, but the ruling chokes the ability of communities to pass similar bans.

''Unfortunately, New Hampshire is becoming the ashtray of New England," Soucy said.

Lori Fresina, the New England spokeswoman for the Campaign for Tobacco Free Kids, echoed that sentiment. ''New Hampshire is in a shameful position when it comes to tobacco prevention," Fresina.

A collection of health associations will lobby the Legislature this winter to amend the 1991 state law and allow communities to pass local ordinances that ban smoking. They may consider pushing for the adoption of a statewide ban, which the state Legislature has debated at least twice over the last decade.

But John Hunt, the state representative from Rindge who chairs the House Commerce Committee, which typically reviews such smoking-ban legislation because of its implications for tax and business revenue, questioned whether the political will exists in Concord to endorse the change. He said many state legislators like offering the flexibility to restaurant owners to decide if they want to ban smoking at their establishments.

About 300 of the more than 2,000 licensed restaurants in New Hampshire have gone smoke-free, according to the New Hampshire Lodging and Restaurant Association.

''They've created a marketing niche for themselves. They make money off it," said Hunt, a self-described nonsmoking Libertarian-style Republican, who believes in holding down government regulation. ''As it is, restaurants and bars have to go through a lot of rules and regulations."

Paul Hartgen, the association's president, expects more restaurants to go smoke-free.

''It definitely seems like a fast trend, especially over the last three years," said Hartgen, who thinks the decision to go smoke-free should be left to restaurant owners. ''I think it's great they are doing it on their own. They are responding to the market to meet the demands of their customers."

Some restaurant owners, however, think it would be easier to ban smoking if they were forced to by the state Legislature or the local health department.

So much smoke looms at times at Joanne's Kitchen -- a former trolley car that was parked on Main Street in 1927 and converted into a diner -- that some customers grumble. About three months ago, the owner, Ron Cote, got fed up and hung a ''no smoking" sign. It lasted three days.

''I lost my business," said Cote, who does not smoke and would prefer a smoke-free establishment. ''So many people complained they wanted to have a cigarette."

He reserves about five seats at the counter near the front door for nonsmokers. All other customers are free to light up where they want.

With a pack of Parliament Light 100s beside his plate of scrambled eggs and toast, Roger Rodrigues -- who works as a professional clown, disc jockey, and magician -- said he refuses to go to any establishment that forbids smoking.

''It's getting ridiculous, all these rules and regulations. Why don't we ban liquor again?" said Rodrigues, 51. ''If someone wants to smoke and ruin their lives, it's their choice. Tobacco is a legal substance. I'm paying the taxes on [cigarettes], and you're going to tell me I can't do it?"

Finishing his thoughts and his breakfast, Rodrigues took a cigarette from his pack, lit up, and exhaled.

James Vaznis can be reached at jvaznis@globe.com.