Posted on 12/30/2003 5:30:22 AM PST by SheLion
Monday, December 29, 2003
It's nearly the last gasp for smoking bar patrons
University of Southern Maine student Ben Theriault, of Buxton, takes time out from class to enjoy a cigarette in 2002. Starting next month, smoking will be banned in bars in Maine. Smoking is already banned in restaurants and in most public buildings.
To some bar patrons, the haze padding the ceiling and hanging over pool tables is as much a part of a bar as a bank of beer taps.
Those who have become accustomed to the sight, as well as those who are used to puffing on cigarettes between drinks, now have just a few days to savor it - the state's ban on smoking in bars is due to go into effect Thursday.
While officials at the state Bureau of Health and anti-smoking groups have touted the ban's health benefits since it was passed early last summer, bar patrons who frequent Portland's hazy, smoke-filled watering holes view the ban as another example of well-intentioned, yet misdirected legislation.
"(Smoking) is an easy scapegoat for our society's health problems," which are also caused by pollution, fast food and a number of other factors, said Clifford Brown of Portland, who lit a cigarette as he sat at one end of Amigo's Mexican Restaurant on Dana Street. Well over half of those who frequent the bar and restaurant - which has separate smoking and non-smoking sections - smoke cigarettes.
Brown, along with other patrons gathered at Amigo's on Friday, said he opposes the ban on principle. The state should not try to legislate health consciousness, he said.
"If you don't smoke, you don't have to come into a place like this," said Arty Tavano, 40, a cook at Gritty McDuff's on Fore Street. "Bars are here to be smoked in."
Tavano said the ban will not only change the character of many bars in the Old Port, but fill the area's sidewalks with smokers who must go outside to feed the habit. This will cause a slew of new problems that Portland's Police Department does not have the resources to deal with, such as fights and patrons walking out on their bills, he said.
"They're gonna ask cops to tell people not to smoke," Tavano said, laughing.
The ban has also rendered obsolete Gritty McDuff's $60,000 ventilation system, purchased after the state banned smoking at restaurants in 1999 so the bar and grill could continue to allow smoking in one section, he said.
Some smokers said they think the ban will go largely unenforced. Most, however, said they think bars in Portland will adhere to the ban.
"I'm trying to live it up until Thursday," said Brown, 21, as he smoked a Lucky Strike cigarette.
The smoking ban means that virtually all public workplaces in Maine, barring a few exceptions, do not allow smoking indoors. Private clubs such as the Elks may only allow smoking if they close their halls to the public and have no paid employees, or if they close their halls to non-members and all of their employees agree to allow smoking indoors.
Questions remain about who will enforce the ban after it goes into effect.
Portland Police Chief Michael Chitwood says he has received "no direction from the state" as to how his officers should enforce the ban.
The state eliminated the Bureau of Liquor Enforcement in June. The department used to make sure bars and convenience stores didn't sell alcohol to minors, so local police departments have already picked up those duties. The smoking ban adds another regulatory duty to the agendas of local police, he says.
"It's not a priority," Chitwood said. "I don't have the manpower to deal with it all."
Although it seems it will take time to figure out the best way to enforce the ban, the law has teeth.
The state will assess a fine of $100 per offense to smokers and bar owners caught breaking the law, according to Dr. Dora Anne Mills, director of the state Bureau of Health. Mills says bar owners may also be fined for failing to post signs informing patrons of the ban and that liquor licenses may be suspended or revoked after repeated violations.
Local police, the Bureau of Health and the Attorney General's Office have enforcement powers, Mills says, adding that the bureau has set up a Web site and toll-free number (www.tobaccofreemaine.com; 800-560-5269) where bar patrons and employees may report violations of the ban anonymously.
California became the first state to ban smoking in bars when it put a stop to lighting up in taverns and restaurants in 1998. A restaurant-only version of the smoking ban took effect in Maine in September 1999.
Supporters of the law tout the ban's health benefits, as fewer bar patrons and employees will be exposed to second-hand smoke. Mills says the ban may also convince smokers to fire up fewer times while out on the town, and minors to stop associating smoking with recreational drinking.
Opponents of the ban, however, say the financial impact on bars that cater to those who want a cigarette with a drink will be fierce.
Tracy Knight, owner of the Loose Moose Saloon in Gray, owned a bar in Whittier, Calif., when smoking was banned there in 1998. Knight says although she hopes to see no decline in revenue, she expects a 30 percent drop in sales after Thursday.
"I dealt with it in California," she said. "My customers say, 'We'll just stay home and drink a six-pack there.' "
Knight and an association of mostly bar owners have fought the ban since it was passed last summer.
The group tried to gather enough signatures to force a "people's veto" referendum on the legislation, which would have taken place in June 2004, but was unable to meet a tight deadline. It is now trying to gather enough signatures to force a referendum to repeal the ban in November 2004.
That may be too late for a small number of struggling bars and their employees, Knight says.
"The majority of bar owners are struggling anyway - people don't have a lot of expendable income in today's economy. . . . A fourth of the businesses I talked to (during the referendum campaign) were just hanging on."
Staff Writer Elbert Aull can be contacted at 791-6335 or at: eaull@pressherald.com
When did we give such power to the Partnership for a Tobacco Free Maine? They are being paid for by the Maine smokers who pay Maine Taxes on cigarettes. What do they do with the money? They sponsor RACING TEAMS and RACE TRACKS across the state, and they use OUR money to ban, control and restrict us.
Does anyone care????
Of course they care...its all for the children. I can't WAIT till they do something like this to ban/regulate fast food.
/sarcasm
Anyone suffering from a smoking ban from across the United States can go to the above link and fill out this form.
You can also check out the following link to see what harm this ban has done across the Country:
BusinessesHarmed by Smoking Bans
Anti-smoking organizations insist that bans are somehow good for people in hospitality businesses. This chart shows otherwise. These businesses have lost a significant portion of their business as a direct result of smoking bans. Many are closed. Many that are still open have told us they doubt they'll survive much longer.
Perfect, eh? Say goodbye to the Constitutional guarantee to face your accuser in open court.
Out F'n rageous!
Wow...take a walk on the wild side.
Must be an old timer.
Camels were the best!
Little hypocritical here, isn't it.
Why not let the bars do this also. If all the employees say it's OK with them, make it a smoking only bar.
If you enter you do so knowing that there will be smoke in the air.
Exactly, metesky. If this weren't so serious, it would be laughable.
To think that Partnership for a Tobacco Free Maine was formed AFTER the Tobacco Settlement Money (our money) started coming in that this group was formed.
Through the Maine Board of Health. So.......it's not hard to see WHY they do not call for an all out ban! We are PAYING their hefty wages.
Maine economy is really hurting, but do you think they care? Hell no!
For all of those that do not know: The tobacco settlement money is being paid for by Maine smokers who pay taxes on cigarettes. NOT Big Tobacco and surely NOT Maine Government. But the SMOKERS!
Why not let the bars do this also. If all the employees say it's OK with them, make it a smoking only bar. If you enter you do so knowing that there will be smoke in the air.
Your right, Joe! I sent this URL to many people, plus the writer of this article so they can follow this and pick up on the comments made concerning the Maine ban.
I don't know if I buy this argument. I spent a lot of time in Claifornia during the late 90's. The bars were as hopping as ever- the smokers just stepped outside and had a smoke, then came back in. Granted, doing that in perpetually-warm Southern California is a lot easier than in Maine in February.
SMOKING BAN ACCOMPLISHES LITTLE, OTHER THAN BURDENING BUSINESSES
Oh yes! Our smoking decks in the winter. Just forking terrific!
"I think if the government helps me one more time I'll be out of business," Newlove said as most of his customers nodded in agreement.
Seems to me that it would be more feasible to have business owners offer both smoking and non-smoking restaurants and let consumers decide. But, that would make far too much sense.
That's what we are trying to get ACROSS to these people! Leave it up to the business owner! The business owner can be dictated by his customers if the customers want smoking or not. This should not be left up to the state.
Last I looked, tobacco products and cigarettes were still a legal commodity. Talk about back-dooring everyone!
I wonder just how high tobacco taxes can go? Cigarette taxes are the (seemingly) bottomless pit of money for government. It's kind of amusing- government has an interest in having a certain percentage of the populace smoke and smokers seem to be willing to take any level of abuse (full disclosure- I'm a non-smoker). It's a pretty co-dependent relationship.
In true full-tilt control freak mode, the idea that smokers just won't go "out on the town" never becomes part of the airhead's equation.
and minors to stop associating smoking with recreational drinking.
Yes, much better that the minors not smoke while recreationally drinking. That much more money available for the beer, I guess.
I'm not sure if it's only going to apply to public buildings, but starting next year Californians who light up must be at least 20 feet from any building entrances.
Your welcome! I emailed several to let them monitor the comments made by our posters.
Property Rights and nico-nazis are words that shouldn't even be connected in a sentence.
Well, for one.......they are using our money to sponsor "5 Race Teams" and Race Tracks across the state called Kick Butts Racing. Oh yes. Kick Butts Racing. Imagine parking next to THESE teams in the pits.
The race cars aren't little mini's either. They are the pro stocks. One tire for a pro stock runs about $90 dollars. And we all know how many tires the teams go through, right?
How about paint jobs every week after a bang up Sunday? How about fuel? How about the uniforms? Oh yes! Our taxes paid on Maine cigarettes are paying for all of this!
Partnership For a Tobacco Free Maine spending $10,000 plus $4500 at Wiscasset Race Track,
Sunday 26th of May 2002.
Maine has its priorities crossed. Back in January, health advocates urged lawmakers to spare successful programs in anti-smoking funds.
Maine receives annually $55 million from the Tobacco Settlement, to which the smokers in Maine are paying for. Although Maine had a choice how to spend the money, it was intended for education and to pay for any sick smokers on welfare, should there be any.
House Speaker Michael Saxl said that given the $248 million budget shortfall facing the state, there must be room for some cuts in the health programs.
Attorney General Rowe said that Maine is one of the few state’s that has committed "most" of the money to health programs. I say "Show me the programs!" Most of this money is being spent on pet programs.
For instance: The Partnership for a Tobacco Free Maine is sponsoring Speedway 95, and Wiscasset Race Track. Memorial Day, the "prestigious" Partnership for a Tobacco Free Maine is awarding the winner of the Coastal 200- $10,000. With $4500 going to the runner-up.
I wonder how many people this money could have helped that can’t afford health insurance. I wonder how many people this would have helped in nursing homes who have no insurance. I wonder how this money could have helped with children’s nutrition, prescription drugs, child care and substance abuse.
Governor King states Maine Health Care is failing. The money PTFM is wasting at a racetrack could have been spent in a kinder more gentler way.
William Corr, executive director of the Campaign for Tobacco-Free kids says Big Tobacco is targeting our kids, while Corr is targeting the wallets of all who pay cigarette taxes in Maine.
This is a blatant slap in the face to all that pay cigarette taxes.
Thank God, through Free Republic, there are MANY of us that have found other wonderful means of being able to enjoy a LEGAL product without paying into the state coffers.
American's aren't stupid. It's the American way to shop cheap. heh!
Got to laugh to keep from crying.
Oh, the irony.
Thank God. The last thing we want is for you to be drinking a six-pack's worth of beer before navigating your way home in your car. The consequence of these laws will be to save lives from the drunk driver who stays home. The drop in revenues is small to the lives involved.
And the wait staff who are all for this smoking ban? (I haven't run across MANY), knew from the first moment they applied for the job that smoking was allowed. A lot of their wages and tips came from the smoking patrons.
What will these non-smoking wait staff do now when they are laid off, or if they are lucky enough to have seniority, to have their tips cut in half? They can "breath clean air," but this clean air won't put food on their tables or gas in their cars.
From the "chatter" I hear, there are groups in New York and Florida suing over this matter. Stay tuned.
And there is at least one in Colorado, they are still working out the details in Delaware and there are several others scattered throughout the country.
Quit ?
Thanks, Gabz!
I thought I heard something about CO, but didn't want to say for sure.
It's through Forums like Free Republic that many others learn the truth about the State Health Coalitions and what they are doing to undermine our economy!
The State Boards of Health and their Coalitions are UNDERMINING our Economy!
Think about it.
Next stop: The bars will still be allowed to open their doors, but no alcohol allowed!
I often wonder where all the militia are that we heard were hiding in the hills????
As for Clintoon, he sure loves his CIGARS!
Thank you! I am the same way.
I know we shouldn't take it out on the business when the STATE imposes these bans, but the business owners should have seen this coming and done more to fight this ban.
I figure if they didn't fight to keep my patronage, then I won't be taking them anymore of my money.
Isn't the run for the President all about the ECONOMY? Well, these anti-smoking states and the Health Coalitions are undermining our economy and people need to wake up and smell the coffee??? (Or the richness in tobacco smoke).
We sure can!!! There are a few non-smoking places here, but by and large the majority do permit smoking. There are 3 places I frequent on a regular basis and the smoking sections in them are at least twice of the size of tthe non-smoking areas. Of course all the owners of those places are also smokers!!!
I don't know if Ann Coulter has moved or not, but the Florida ban is not as insidious as the NY ban, plus the weather is much more conducive to outdoor dining areas.
WHAT??!!
They're going to FORCE those agents to breath second hand smoke, of ANY type?
This agency should be SUED! </sarcasm>
And we wonder why our economy is suffering............with coalitions like this living and controlling the U.S.A. our economy will NEVER be good again!
You KNOW it's always about POLITICS!
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