Unanticipated Consequences

• Date: 01 September 2014
• Author: Steven Briggs,Samuel Peterson,Andrey Petrov
• Published date: 01 September 2014
• DOI: 10.1177/0734016814530147
• Subject Matter: Articles

Article
Criminal Justice Review
2014, Vol. 39(3) 272-289
Unanticipated Consequences:
ª 2014 Georgia State University
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The Impact of a Smoke-Free
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DOI: 10.1177/0734016814530147
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Law on Assaults Around Bars
Steven Briggs1, Andrey Petrov2,
and Samuel Peterson3
Abstract
Among scholars, there is a discussion regarding whether types of places, or facilities, function as
crime generators or whether the association between some categories of facilities and higher rates of
offending is the result of a small proportion of all facilities within a given category, or problem places.
This study seeks to further inform this debate by exploring whether policy changes that alter the social
functioning of a category of facilities, specifically bars and taverns, modifies the spatial association with
crime. Using routine activities theory as a framework, this study builds on previous research by
exploring the association between alcohol-serving establishments and violent crimes, specifically
assaults, following the implementation of a smoke-free law. Using data from a pair of adjoining
communities in Iowa, findings indicate the frequency of reported assaults on blocks with bars as well
as on adjoining blocks declined following the implementation of a law prohibiting smoking tobacco
products within bars and taverns. Implications for policies and future research are discussed.
Keywords
ecology and crime/spatial analysis, crime/delinquency theory, violent, behavior, other, drugs and
crime
Introduction
Beginning with early research identifying hot spots of crime, researchers have been examining
whether specific types of places, also referred to as facilities (Brantingham & Brantingham,
1995) and institutions (Peterson, Krivo, & Harris, 2000), function as crime generators. One line
of inquiry has focused on analyses identifying a relationship between alcohol-serving establishments
and violent crimes, specifically assaults. This line of research often finds a spatial association
1 North Dakota State University, Fargo, ND, USA
2 University of Northern Iowa, Cedar Falls, IA, USA
3 University of Cincinnati, Cincinnati, OH, USA
Corresponding Author:
Steven Briggs, Department of Criminal Justice and Political Science, North Dakota State University, Fargo, ND 58108-6050,
USA.
Email: steven.briggs@ndsu.edu

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Briggs et al.
273
between the presence of bars and the frequency of assaults (Gorman, Speer, Gruenwald, & Labouvie,
2001; Nielsen & Martinez, 2003; Roncek & Maier, 1991; Sherman, Gartin, & Buerger, 1989).
Some scholars have suggested that such inquiries into the relationships between types of facilities
and criminal offenses may be misleading, as these associations may not result from institutions
themselves, but rather that the facilities are often located in areas characterized by higher volumes
of traffic, bringing together large numbers of potential victims and motivated offenders and increas-
ing criminal opportunities (Eck, Clarke, & Guerette, 2007; Wilcox & Eck, 2011). In other words, the
spatial association between categories of facilities and criminal offending may be spurious.
One option for informing the discussion of whether or not categories of facilities function as
crime generators is to examine whether changes to policies directed toward social functioning of
a category of facilities alter the level of offending in and around these institutions. Where facilities
contribute little to the level of offending, policies altering facility functioning should have little
impact on offending. In contrast, if facilities are functioning as crime generators, then changes in
institution functioning should correspond to changes in levels and rates of offending around the
impacted establishments.
The current study explores whether the implementation of a smoke-free law changed the fre-
quency of violent crimes taking place around alcohol-serving establishments in adjoining commu-
nities in Iowa. Specifically, the current study uses nearly 3 years of calls for service data to examine
whether the number of reported assaults on blocks with bars changed following the implementation
of a law prohibiting the smoking of tobacco products within all public restaurants and bars in neigh-
boring communities. We begin with a review of the research examining the association between bars
and assaults, which is followed by a summary of the discussions regarding whether categories of
facilities function as crime generators and how a policy change can inform that discussion, a review
of clean indoor air laws, which is then followed by a theoretical framework through which the cur-
rent study was conducted. After presenting the findings, we conclude with a discussion of policy
implications and recommendations for future research.
Bars, Taverns, and Assaults
Over the past three decades, research has focused on identifying and explaining the relationship
between different types of facilities and variation in offending. This line of research gained substan-
tial attention in 1989 when Sherman, Gartin, and Buerger were among the first to empirically exam-
ine variation in the density of crime down to the level of addresses, or places, within a city. This
contrasted from previous research that had focused largely on explaining variation across neighbor-
hoods (Sampson, Raudenbush, & Earls, 1997; Shaw & McKay, 1942). Relying on calls for service
data, Sherman, Gartin, and Buerger (1989) found that most calls, particularly calls reporting domes-
tic disturbances and assaults, originated from a small proportion of ‘‘hot spots’’ relative to the rest of
city, even within the most violent neighborhoods. Specifically, around 50% of calls originated from
just 3% of addresses within the city (Sherman et al., 1989). In addition, Sherman and his colleagues
found bars and taverns often functioned as places reporting high frequencies of assaults. Later stud-
ies sought to further clarify the relationship between recreational alcohol-serving establishments and
assaults.
In an examination focusing on whether bars contribute to an increased likelihood of assaults
around bars, Roncek and Maier (1991) analyzed whether the presence of a bar on a block is asso-
ciated with more violent crime independent of socioeconomic and demographic characteristics of
residential blocks (see also Roncek and Bell, 1981). Using data from Cleveland, Roncek and Meier
(1991, p. 742) demonstrated that a bar on a block increased the probability of an assault occurring on
a block by roughly 20%. Research making use of varying degrees of geographic aggregation includ-
ing census block groups (Gorman et al., 2001; Gruenwald, Freisthler, Remer, LaScala, & Treno,

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274
Criminal Justice Review 39(3)
2006), census tracts (Nielsen & Martinez, 2003), and postal codes (Livingston, 2008) has also iden-
tified a relationship between bars and violent crime. The finding by Roncek and Maier (1991) as well
as similar findings by others (Frisbie, Fishbine, Hintz, Joelsons, & Nutter, 1977; Nielsen & Marti-
nez, 2003; Peterson et al., 2000) suggests that this type of facility may function as a crime generator
contributing to the spatial concentration of assaults.
The Question of Categories of Facilities as Crime Generators
There is an ongoing discussion of whether or not categories of facilities function as crime generators,
altering the spatial distribution of crime by concentrating offenses within and near institutions. On
one hand, social functioning of specific types or categories of facilities brings together targets and
offenders while providing inadequate guardianship, thus increasing criminal opportunities across
places within the categories (Roncek and Maier, 1991). With evidence from a substantial body of
research indicating associations between types of facilities and offending often cited in favor of the
facilities acting as crime generators (Kubrin, Squires, Graves, & Ousey, 2011), policies directed
toward altering the social functioning of categories of facilities should likewise alter the incidence
of offending around the affected establishments.
On the other hand, inquiries into associations between categories of facilities and offending may
create misleading impressions that these specific categories are functioning as crime generators.
Wilcox and Eck (2011) question whether researchers are successfully identifying categories of
crime-generating facilities or whether a general effect of most places on crime is being observed,
noting that offending is not evenly distributed within categories of facilities, but rather it tends to
concentrate among a few problem places or establishments. In their explanation of the Iron Law
of Troublesome Places, Wilcox and Eck argue that facility functioning has little bearing on the
crime-generating properties of facilities. Rather, higher rates of offending among particular problem
places within each category of facility are likely driven by higher levels of traffic as well as issues
surrounding place management, the number and quality of potential victims, and the presence of
highly active offenders unique to each troublesome place (see Eck et al., 2007). As a result, policies
directed toward altering social functioning of facilities are likely to have little impact on crimes tak-
ing place in and near the facilities.
A policy change directed at altering the social functioning of a category of facilities provides an
opportunity to inform the discussion regarding whether that type of...