Opponents seek to lift Dallas smoking ban
Posted on 03/10/2003 11:16:16 AM PST by MeekOneGOP
Opponents seek to lift Dallas smoking ban
03/10/2003
Opponents of a newly implemented smoking ban returned to court Monday, seeking to put on hold the ordinance that prohibits people from lighting up in Dallas restaurants and other establishments.
Matt Mankin, co-owner of Suede Bar & Grill on Lower Greenville, said the smoking ordinance that went into effect March 1 already has affected his business.
"It's dramatically decreased, especially this weekend," Mr. Mankin testified.
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Plaintiffs Mr. Mankin and Jim Graham, who describes himself as a pack-a-day smoker and the owner of a Dallas petroleum company, are backed by Citizens for Freedom of Choice, a group of about 200 Dallas restaurant owners and others.
On Feb. 28, District Judge Adolph Canales denied the plaintiffs a temporary restraining order. On Monday, the judge was considering their request for a temporary injunction.
Mr. Graham told the court that the ordinance denies him free use of his property and the right to smoke at his own business.
When asked by his attorney, Bill Trantham, whether anyone has ever complained about smoking at his office, Graham replied, "Other than my wife, no."
The law allows smoking only in establishments that derive 75 percent or more of their gross revenue each quarter from alcohol sales. Bowling alleys, bingo parlors, hotel meeting rooms, grocery stores and many other retail and service establishments also must be smoke-free.
The city has argued that it is following a trend that has been under way in many cities, including El Paso, Arlington and Plano, and that creating a smoke-free environment is a critical public health issue.
On Monday, Dr. Philip Huang of the Texas Department of Health testified about the danger of secondhand smoke, noting that it causes 3,000 lung cancer deaths each year in the United States. In children, respiratory and ear infections and asthma are attributed to secondhand smoke, he said.
His department's studies of sales tax data in Texas cities that have banned smoking debunk the argument that the restaurants will lose money, said Dr. Huang, chief of the bureau of chronic disease and tobacco prevention.
"We do not anticipate any adverse economic impact," he said.
Judge Canales said he may not reach a decision Monday, but he called for the parties to return to the courthouse after lunch.
E-mail kmenzer@dallasnews.com
Watch WFAA-TV (Ch. 8) and TXCN (Cable Ch. 38 in Dallas area) for news updates throughout the day and read more in tomorrow's Dallas Morning News .
Witch doctor. Where is the peer reviewed study that found even one death? None. Zero. Nada. Zilch.
Oh well, anything for the greater good.
I defy him to produce a single death certificate showing the cause of death as second hand smoke.
Sales tax data is a bogus way of determining loss to business, unless they are only using the sales tax data of the businesses impacted by the ban.
Something I seriously doubt they are doing.
I've seen the books of places here in Delaware since the ban went into effect here. Anywhere from 15-40% less than last year.
I realize the "economy" is having an impact on business, but if that were the only cause, all business would be seeing the same decrease.
03/10/2003
A judge on Monday denied a second attempt to put on hold the ordinance that prohibits people from lighting up in Dallas restaurants and other establishments.
On Feb. 28, District Judge Adolph Canales rejected a temporary restraining order sought by opponents of the smoking ban. On Monday, after hearing additional testimony, the judge turned down their request for a temporary injunction.
Matt Mankin, co-owner of Suede Bar & Grill on Lower Greenville, said the smoking ordinance that went into effect March 1 already has affected his business.
| Also Online | ||
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Plaintiffs Mr. Mankin and Jim Graham, who describes himself as a pack-a-day smoker and the owner of a Dallas petroleum company, are backed by Citizens for Freedom of Choice, a group of about 200 Dallas restaurant owners and others.
Mr. Graham told the court that the ordinance denies him free use of his property and the right to smoke at his own business.
When asked by his attorney, Bill Trantham, whether anyone has ever complained about smoking at his office, Mr. Graham replied, "Other than my wife, no."
The law allows smoking only in establishments that derive 75 percent or more of their gross revenue each quarter from alcohol sales. Bowling alleys, bingo parlors, hotel meeting rooms, grocery stores and many other retail and service establishments also must be smoke-free.
The city has argued that it is following a trend that has been under way in many cities, including El Paso, Arlington and Plano, and that creating a smoke-free environment is a critical public health issue.
On Monday, Dr. Philip Huang of the Texas Department of Health testified about the danger of secondhand smoke, noting that it causes 3,000 lung cancer deaths each year in the United States. In children, respiratory and ear infections and asthma are attributed to secondhand smoke, he said.
His department's studies of sales tax data in Texas cities that have banned smoking debunk the argument that the restaurants will lose money, said Dr. Huang, chief of the bureau of chronic disease and tobacco prevention.
"We do not anticipate any adverse economic impact," he said.
E-mail kmenzer@dallasnews.com
Watch WFAA-TV (Ch. 8) and TXCN (Cable Ch. 38 in Dallas area) for news updates throughout the day and read more in tomorrow's Dallas Morning News .
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