N.J. smoking ban goes farther than businesses thought

United Pro Smoker's Newsletter ^ | April 13, 2006 | TOM HESTER

[SheLion]

With less than two days remaining until New Jersey bans indoor smoking in public places, restaurant and bar owners discovered they are facing an unexpected restriction -- no smoking within 25 feet of a building.

In releasing 77 pages of proposed restrictions yesterday, the state Department of Health and Senior Services unveiled the "25-feet rule" that might all but snuff out plans businesses had to create outdoor areas, such as decks, where customers could smoke.

The ban, called the Smoke-Free Air Act, is scheduled to go into effect at 12:01 a.m. Saturday. The proposed restrictions are effective immediately, although they won't be finalized until September.

"This will prevent a phalanx of smokers outside the door, which is not only unsightly but unpleasant," Health Commissioner Fred M. Jacobs said of the regulation. "And it will prevent a backwash into the restaurant."

Armando Frallicciardi Jr., co-owner of Lorenzo's Cafe in Trenton and a strong opponent of the ban, called the surprise regulation "absurd." He said a number of owners, including himself, have been considering building a deck or a patio.

"This means if we build a 30-foot deck, and that is an extensive deck, we would have 5 feet where people can smoke. That is totally absurd," he said. "The state needs to work with small business on this and stop this. They have gained their objective. Now we need to have smoking outside."

In a last-ditch move to stop the ban, at least temporarily, lawyers for restaurant and bowling alley owners are scheduled to appear before Judge Stanley R. Chesler in U.S. District Court in Trenton today. They are seeking a restraining order on the grounds that the law is discriminatory because it allows smoking in the gambling areas of Atlantic City's 13 casinos. The owners maintain they will accept the ban if the casinos are included.

There has been legislation introduced in both houses to have the ban extended to the casino gaming areas.

"This new law is one of the greatest public health measures in New Jersey history," Jacobs said. Up to 62,000 adult nonsmokers in the United States, including 1,000 to 1,800 New Jersey residents, die each year from secondhand smoke, he said.

"This new law will reduce illness and premature mortality through decreased exposure to secondhand smoke," Jacobs said. "It will have tremendous long-term health benefits for future generations as fewer and fewer young people are exposed to secondhand smoke on the job."

The state is providing $200,000, and the Robert Wood foundation of Princeton another $380,000, to finance a public education campaign to alert the public and business owners about the ban. The effort will include direct mail, and print, radio and billboard ads.

New Jersey will join 10 other states that have indoor public smoking bans, including New York, Delaware and Connecticut. And England, Ireland and Italy are among a number of countries where indoor smoking is banned.

One business owner supporting the ban is Michael Zambas, owner of Clinton Station Diner in Hunterdon County. Zambas said he instated a smoking ban at the request of employees when the law cleared the Legislature on Jan. 9.

"I tell you it is the best thing I have ever done," he said. "Customers look for me and thank me. My business has not suffered at all, and my wife loves it. I go home, hang up my jacket, and it does not smell like an ashtray at all."

Jacobs said health inspectors and local police are prepared to hand out disorderly persons citations to customers or businesspeople who ignore the ban. Fines will range from $250 to $1,000.

"We are not going to be heavy-handed about this," he said. "It is the obligation of owners to remove violators. I believe people will obey the law."

Dale Florio, lobbyist for the Restaurant Association, was not as upbeat.

"April 15 is a low day in New Jersey. It is a day you pay your income tax and also lose your freedom," he said. "It is a shame it is happening on the same day."

[SheLion]

  

"This new law will reduce illness and premature mortality through decreased exposure to secondhand smoke," Jacobs said. "It will have tremendous long-term health benefits for future generations as fewer and fewer young people are exposed to secondhand smoke on the job."

LIAR!!!!  They just keep sweeping under the rug the real proof that SHS is NOT the killer they spew it to be just to get their way!!!

DON'T LET THE HEADLINES FOOL YOU
Court throws out challenge to EPA findings on secondhand smoke - (December 2002) - The ruling was based on the highly technical grounds that since the EPA didn't actually enact any new regulations (it merely declared ETS to be a carcinogen without actually adopting any new rules), the court had no jurisdiction to rule in the matter.  This court ruling on the EPA report is NOT a stamp of approval for that report. Judge Osteen's criticisms of the EPA report are still completely valid and is accompanied by other experts.

AND:  The World Health Organization actually did a study on secondhand smoke which showed that it doesn't even make people sick, much less kill them. Now, it makes people uncomfortable. They don't like it. I don't like secondhand cigarette smoke myself -- it reeks -- but it doesn't kill. It doesn't.

[SheLion]

What a crock!!!!

[SheLion]

"Smokers Rights neither promotes smoking nor denies the health risks of smoking. Instead, we defend the interests of adults who choose to smoke; we promote freedom of choice for employers and proprietors who wish to accommodate smokers on their premises; and we speak out against those who want to discriminate against smokers or ban smoking completely. Last but not least, we promote greater courtesy and tolerance between smokers and non-smokers. "

[Dahoser]

One business owner supporting the ban is Michael Zambas, owner of Clinton Station Diner in Hunterdon County. Zambas said he instated a smoking ban at the request of employees when the law cleared the Legislature on Jan. 9.

"I tell you it is the best thing I have ever done," he said. "Customers look for me and thank me. My business has not suffered at all, and my wife loves it. I go home, hang up my jacket, and it does not smell like an ashtray at all."

What stopped him from doing it before the law was passed? There was no existing law that said he had to allow smoking. He figured it would hurt business and waited until the NJ Politburo came him cover. That way he could blame them if he got in trouble, or thump his chest over what he did if it worked.

[SheLion]

What stopped him from doing it before the law was passed? There was no existing law that said he had to allow smoking. He figured it would hurt business and waited until the NJ Politburo came him cover. That way he could blame them if he got in trouble, or thump his chest over what he did if it worked.

You just posted exactly what I was thinking.  Why did the jerk need government intervention?  It's business owners like this that I hope have to fold up their tents!

[Do not dub me shapka broham]

People have their own parochial interests, most of which don't dovetail with the preservation or extension of individual or personal freedoms.

Why do you think this city still has this anachronistic caberet licensing law on the books?

[Raycpa]

I go home, hang up my jacket, and it does not smell like an ashtray at all."

[Renderofveils]

This just in;

New Jersey disallows buses from traveling within 100ft of pedestrians. The EPA has shown that second-hand exhaust contains carbon monoxide, may impact pregnancy, and might increase chances of lung cancer.

Oh, wait... that's not "popular."

[sgtbono2002]

---

Up to 62,000 adult nonsmokers in the United States, including 1,000 to 1,800 New Jersey residents, die each year from secondhand smoke, he said.

---

Where does he get this BS figure? I have never seen a death certificate that stated SHS was the reason anyone died.

[yankeedame]

Excellent point! As to his testimony (assuming he isn't a shill) never lose sight of the fact that there are so many people in this world, it is possible to find five examples of anything.

An aside: Wouldn't it be interesting to do a follow-up on Mr. Zambas and his Clinton Station Diner six month and/or a year from now?

[rvoitier]

"This will prevent a phalanx of smokers outside the door, which is not only unsightly but unpleasant," Health Commissioner Fred M. Jacobs said of the regulation."

Did Jacobs appoint himself the State Director of Ambiance, too?

Taking away freedoms and controlling behavior. Ugh.

[The Foolkiller]

You just posted exactly what I was thinking. Why did the jerk need government intervention? It's business owners like this that I hope have to fold up their tents!

---

He's a small independent, so he just might.

[qam1]

In a last-ditch move to stop the ban, at least temporarily, lawyers for restaurant and bowling alley owners are scheduled to appear before Judge Stanley R. Chesler in U.S. District Court in Trenton today. They are seeking a restraining order on the grounds that the law is discriminatory because it allows smoking in the gambling areas of Atlantic City's 13 casinos.

http://www.fjc.gov/servlet/tGetInfo?jid=2963

U. S. District Court, District of New Jersey
Nominated by George W. Bush on January 23, 2002, to a seat vacated by Anne Elise Thompson; Confirmed by the Senate on November 14, 2002, and received commission on December 4, 2002.

Well he was appointed by Bush, so hopefully....

The owners maintain they will accept the ban if the casinos are included.

Idiots!!!

[Vectorian]

I agree, surely it's much more sensible to ban smoking on the basis that smokers smell bad, rather than some trumped up SHS claims.

[PeteB570]

Rope them in with the soft sell and then hit them with the hammer at closing.

Libs learned that a long time ago. They do it to the moderates and RINOs time after time.

[Kakaze]

"The owners maintain they will accept the ban if the casinos are included.

Idiots!!!"

Good Lord!

I'll jump off the cliff singing if you make evryone else hold my hand and jump too...

Sometimes , I swear most people don't deserve the freedom they have. But, I guess I wont have to worry about that, because they are lining up in droves to give it away.

[jcparks]

All "they" wanted, in the beginning, was a small section of an aircraft where there was no smoke...
BS
Camel...nose...tent...?
Columbia, MO just passed their "no-smoking in pubic buildings" order. I will no longer patronize ANY business in Columbia, MO.
And I told them so also...

[Just another Joe]

"This new law is one of the greatest public health measures in New Jersey history," Jacobs said. Up to 62,000 adult nonsmokers in the United States, including 1,000 to 1,800 New Jersey residents, die each year from secondhand smoke, he said.

I call BS.

[freepatriot32]

ping

[njmaugbill]

This is what happens when you elect solid Demo assembly, Senates and Demo Governor.

They will raise your taxes, and tweak the smoking laws.

if you want to stop smoking, then just ban it.


Bill