Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

SMOKING BAN ACCOMPLISHES LITTLE, OTHER THAN BURDENING BUSINESSES
Niagara Falls Reporter ^ | August 26 2003 | David Staba

Posted on 09/30/2003 6:09:48 AM PDT by CSM

One month into "Smoke-Free New York," a few things are clear.

The non-smokers who were supposedly going to flood restaurants and bars once they weren't exposed to the horrors of second-hand smoke aren't going to such establishments any more than they did before July 24, when the nation's strictest indoor smoking ban took effect.

The idea that people who didn't enjoy the occasional cocktail would start doing so was preposterous from the get-go. Not to mention hypocritical, since it implied that one of the benefits of preventing people from smoking was to induce others to drink alcohol, the most devastating drug known to man.

The Big Lie propagated by anti-smoking activists was a cynical ruse used to sway the simple folk who populate the New York State Legislature, who become particularly gullible when their leaders get their pockets stuffed with lobbyist cash. They, in turn, used it as a feeble defense to ward off the ire of constituents furious that such a massive intrusion on private business owners was quietly rushed into law last spring.

Anyone who bought the Big Lie then was a sucker. Anyone who still expounds it is something far worse.

Scores of the service employees supporters of the ban claimed they want to protect are looking for jobs, because their old ones don't exist.

Some Niagara Falls establishments have laid off bartenders and waitresses due to flagging business. Others have cut back their hours of operation, meaning fewer hours of employment for their remaining workers.

Supporters of the ban change their rationale as often as George Bush alters his stated motivation for invading Iraq. But a pamphlet distributed by the state health department, "A Guide for Restaurants and Bars to New York State's Clean Indoor Air Act," makes the reasoning clear, at least at the moment it was printed:

"Why was the state clean indoor air act amended to include restaurants and bars?" one header asks.

"Waitresses have higher rates of lung and heart disease than any other traditionally female occupational group, according to a study published by the 'Journal of the American Medical Association,'" reads the answer. "According to the same report, one shift in a smoky bar is equivalent to smoking 16 cigarettes in a day."

Talk about wildly flawed logic. The AMA's findings regarding lung and heart disease rates may well be true, but blaming it on their jobs ignores how many waitresses smoke away from work in comparison with other "traditionally female occupational groups," whatever that means.

The only places around Niagara Falls even treading water since the ban are those with outdoor patio areas. But after Labor Day, when sitting outside without shelter -- and the law expressly forbids any sort of roof over any outdoor smoking area -- becomes much less appealing, the ban's true impact will be exponentially felt.

The ban has actually helped some businesses. Unfortunately for local entrepreneurs, they're located in neighboring states and on Seneca Nation land in downtown Niagara Falls.

An Associated Press report earlier this month detailed the spike in bar and restaurant business in the border areas of Pennsylvania, Massachusetts and New Jersey. Meanwhile, many local smokers report visiting the Seneca Niagara Casino more frequently, since the smoking police haven't attempted to extend the ban there. Yet.

People still smoke in bars where the owners are willing to take their chances.

And the odds of getting fined aren't nearly as short as the state would have you believe.

While no Niagara County business has yet been fined, the county Health Department, saddled by the state legislature with enforcing the law, isn't completely ignoring it, either.

One bar owner said a health inspector visited the establishment and said some snitch had called to complain about smoking in the place.

No one was smoking in the bar when the inspector got there, so she couldn't cite the bar owner, but said another complaint would mean another visit, and so on.

The law allows local health departments to provide hardship waivers, but Niagara County has yet to come up with guidelines for even applying for such an exemption, much less receiving it.

The state-printed pamphlet is equally vague on what to do if a customer insists on smoking.

"You or your staff must remind them of the Act and you may politely explain that they must step outside to smoke. If a customer refuses to comply with the Act, use common sense. The purpose of the Act is to protect others from the harmful effects of second-hand smoke. DO NOT CALL the police unless the violator is threatening physical harm or is belligerent."

Use common sense? What does that mean? Let them smoke and risk a fine? Throw water on them? Make sure you get in the first punch?

Note the stress placed on not calling the police.

The message from state lawmakers couldn't be clearer -- we're going to make you chase away some of your best customers, we're not going to spend one penny to help enforce the law we claim is so crucial to the health of you and your employees, and you'd better like it.

-------------------------------------------------------------------------------- David Staba is the sports editor of the Niagara Falls Reporter. He welcomes e-mail at dstaba13@aol.com.


TOPICS: Business/Economy; News/Current Events
KEYWORDS: businesssuffers; pufflist; smokingban
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-64 next last
To: Flurry
That has been found to be the root cause of the August 15th black out!
21 posted on 09/30/2003 6:49:27 AM PDT by CSM (www.banallfun.com - Homepage of all Smoke Gnatzies!)
[ Post Reply | Private Reply | To 19 | View Replies]

To: CSM
"In a reasonable, non-nanny state, some entrepreneurs in a town might open a bar or restaurant that would serve the non-smoking public, while others would cater to the smoking crowd."

This was happening, now as a result of the ban the competitive advantage for the original entrepenaur who opened the non smoking bar is lost. That bar is as likely to see the declines as any other bars, therefore that risk taker is just as likely to lose the business! Thanks nanny!

I've never heard of a nonsmoking bar, at least around here...which of course means that it is already obvious that smokers' business won't be replaced by non-smokers' business.

It also speaks volumes that the nannies aren't fining or even admonishing the actual "lawbreakers"...only the businesses who "allow" the breaking of the law. This is how the nannies have their cake and eat it too....they pass an intrusive law and don't have to deal with the tougher aspects of enforcement. They just collect the fines.

-Eric

22 posted on 09/30/2003 6:54:09 AM PDT by E Rocc (If we let government take on the parental role, we will all become "honorary children")
[ Post Reply | Private Reply | To 7 | View Replies]

To: CSM
All the new cigarette taxes and smoking bans in New York have translated into a boom business for the state's Native Americans. Glad to see state government helping them out! (/sarcasm)
23 posted on 09/30/2003 6:54:27 AM PDT by NYer (Pax et Bonum)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CSM
"Supporters of the ban change their rationale as often as George Bush alters his stated motivation for invading Iraq."

This line is misleading at best and definitely uncalled for. I notice that whenever most newspeople critize the left they always have to throw in something negative about someone or something farther on the right. Not so when they're critical of a conservative person or issue.

24 posted on 09/30/2003 6:55:38 AM PDT by Paulie
[ Post Reply | Private Reply | To 1 | View Replies]

To: SheLion
This is bogus and can no longer be used! I don't know what smoky "back street" bar they are referring to, but most of your bigger bars/taverns today have smoke eaters to pull the smoke and the smell out of the air.

This statement has got to be eliminated in today's high tech age.

The smoke eaters are why the nannies resist adopting the same method used for dealing with exposure to every other workplace "toxin" there is, the Permissable Exposure Level. If PELs were established then bars would find ways to meet them while allowing smoking, and they wouldn't have their excuse to promote their busybody laws.

-Eric

25 posted on 09/30/2003 6:56:40 AM PDT by E Rocc (If we let government take on the parental role, we will all become "honorary children")
[ Post Reply | Private Reply | To 14 | View Replies]

To: CSM
What a clymer. The free air legislation was never intended to increase business. It was meant solely to to prevent rude and inconsiderate tobacco addicts from contaminating the air for non-addicts.

Tobacco is so addictive that it cuts the brain power of smokers in half and they believe that others enjoy the stench as much as they do. If they can burn tobacco, why can't I burn chopped truck tires (Michelins are great after a steak).

BTW, what happened to the guy that used to scream about me owning a car as proof that he should be able to light up and ruin my meal? I hope he has not died of lung cancer.

I also like the "private property" silliness. Smoking is an offensive act. Non-smoking is passive. A business open to the public can't justify offenses against any single customer by claiming privaye property. No, this guy should stick to writing about sports.

26 posted on 09/30/2003 6:58:11 AM PDT by Tacis
[ Post Reply | Private Reply | To 1 | View Replies]

To: Tacis
I agree. In my area, the public was against the smoking bans voted in, but now they love it and are in favor of it. It's a selfish agenda vs. the big picture.
27 posted on 09/30/2003 7:00:46 AM PDT by RedBloodedAmerican
[ Post Reply | Private Reply | To 26 | View Replies]

To: E Rocc
It also speaks volumes that the nannies aren't fining or even admonishing the actual "lawbreakers"...only the businesses who "allow" the breaking of the law. This is how the nannies have their cake and eat it too....they pass an intrusive law and don't have to deal with the tougher aspects of enforcement. They just collect the fines.

You are correct, but it is really even more insidious than that. there is no presumption of innocence. You, as the owner, are guilty until you prove your innocence.

I have a ttended a few of the hearings against the owners in Delaware, and the NYS law has the same type provisions, it was literally a kangaroo court.

And on top of that, the bans are selectively enforced. With a few exceptions, every business in the entire state is subject to the ban, but they are only focusing on bars and restaurants.

And finally the fines and punishments are unequal. A coffee shop that repeatedly violates the ban just gets increasingly higher fines. yet the establishment that serves alcohol is subject to losing the liquor license after as few as 3 violations, and thus gets put out of business.

This is not about health - it is about back door prohibition.

28 posted on 09/30/2003 7:01:54 AM PDT by Gabz (Smoke-gnatzies - small minds buzzing in your business - SWAT'EM)
[ Post Reply | Private Reply | To 22 | View Replies]

To: CSM
I knew it!
29 posted on 09/30/2003 7:06:14 AM PDT by Conspiracy Guy (The big picture is missed by those who focus on pixels.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: E Rocc
The antis (I forget which group) sued OSHA to set a zero limit for ETS, when OSHA refused they sued. the lawsuit was quietly dropped because the antis finally got it through their collective blockheads that had OSHA set PELs for ETS, smoking would be permitted nearly everywhere.

A PEL of zero is impossible because most of the compnents of tobacco smoke already have acceptable PEL level and all sorts of things would have had to be eliminated - most of it having to do with cooking!!!
30 posted on 09/30/2003 7:06:28 AM PDT by Gabz (Smoke-gnatzies - small minds buzzing in your business - SWAT'EM)
[ Post Reply | Private Reply | To 25 | View Replies]

To: E Rocc
There was a bar here in Rochester called "Johnny's Smoke Free Irish Pub".

Now it's called "Johnny's Irish Pub".

The guy had a slamming business before the smoking ban; every night of the week was packed to the gills with 28-65 year olds of all kinds who wanted to hang out at what was pretty much the only non-smoking bar in town.

Well, it's good he had loyal customers, because NYS ruined his monopoly.

What a bunch of idiots. I am pretty sure we are seeing the last days of the Republic.
31 posted on 09/30/2003 7:11:21 AM PDT by bc2 (http://www.thinkforyourself.us)
[ Post Reply | Private Reply | To 22 | View Replies]

To: E Rocc
I've never heard of a nonsmoking bar, at least around here...which of course means that it is already obvious that smokers' business won't be replaced by non-smokers' business.

In 1999, Maine lawmakers forced a complete smoking ban on the Restaurants. Now, come this January, they are forcing a complete ban on smoking in BARS and TAVERNS in this state.

The economy sucks, and still they want to lose more businesses. Make sense to you?

32 posted on 09/30/2003 7:15:47 AM PDT by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
[ Post Reply | Private Reply | To 22 | View Replies]

To: E Rocc
The smoke eaters are why the nannies resist adopting the same method used for dealing with exposure to every other workplace "toxin" there is, the Permissable Exposure Level. If PELs were established then bars would find ways to meet them while allowing smoking, and they wouldn't have their excuse to promote their busybody laws.

They are living in the dark ages! They KNOW what business's have done to accomodate all the people, yet they are still touting the "Heavy Smoke In Air" syndrome, and the general public believes it. If the general public doesn't frequent restaurants/bars/taverns to see for themselves, then they believe all the lies and the garbage the nanny's are still spewing.

33 posted on 09/30/2003 7:17:45 AM PDT by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
[ Post Reply | Private Reply | To 25 | View Replies]

To: Tacis
"I also like the "private property" silliness. Smoking is an offensive act."

You have made your logic clear with this statement. Because you are offended by something, you think it is acceptable to confiscate the use of someone's property to meet your standards of morality!

If you wanted to "enjoy" your meal in a smoke free environment, then you have the freedom to frequent a smoke free restaurant. If none exists, you also have the freedom to take the risk and start one. Smokers would have the freedom to not frequent it and non smokers would. There problem solved.

The weakest in our society always require the government to do their bidding. You are one of the gnatzies. Gnatzies are showing that they are the weakest in our society.
34 posted on 09/30/2003 7:17:47 AM PDT by CSM (www.banallfun.com - Homepage of all Smoke Gnatzies!)
[ Post Reply | Private Reply | To 26 | View Replies]

To: SheLion
"If the general public doesn't frequent restaurants/bars/taverns to see for themselves, then they believe all the lies and the garbage the nanny's are still spewing."

But don't you know that this ban is good because the might someday go to these establishments!

(I know you know that!)
35 posted on 09/30/2003 7:20:09 AM PDT by CSM (www.banallfun.com - Homepage of all Smoke Gnatzies!)
[ Post Reply | Private Reply | To 33 | View Replies]

To: CSM
Don't waste your time on that one. One psot on the thread and hightails is outta Dodge.
36 posted on 09/30/2003 7:22:06 AM PDT by Gabz (Smoke-gnatzies - small minds buzzing in your business - SWAT'EM)
[ Post Reply | Private Reply | To 34 | View Replies]

To: RedBloodedAmerican
I agree. In my area, the public was against the smoking bans voted in, but now they love it and are in favor of it. It's a selfish agenda vs. the big picture.

News from Florida:

The ban has been especially tough on smaller, local hangouts like Rodbender's Raw Bar and Grill in Cutler Ridge.

For nearly two months after the law took effect, owner Kathy McMillan banned smoking. She said she lost almost 90 percent of her customers, and more than $14,000 in sales.

37 posted on 09/30/2003 7:22:32 AM PDT by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
[ Post Reply | Private Reply | To 27 | View Replies]

To: Gabz; Tacis
"Don't waste your time on that one. One post on the thread and hightails is outta Dodge."

A true coward! My statement regarding the weakest members of our society is proven to be true!
38 posted on 09/30/2003 7:31:14 AM PDT by CSM (www.banallfun.com - Homepage of all Smoke Gnatzies!)
[ Post Reply | Private Reply | To 36 | View Replies]

To: Tacis
The free air legislation was never intended to increase business.

No, it was intended to punish business.

It was meant solely to to prevent rude and inconsiderate tobacco addicts from contaminating the air for non-addicts.

Assuming you are one of the non-addicts, I can't imagine that this is relevant, since you are the reason many bar owners have the sign that says: "We reserve the right to refuse service to anyone."

I also like the "private property" silliness.

You are not a business "owner", are you?

Smoking is an offensive act.

To you and many others, but not to me.

Non-smoking is passive.

Ok. But criminalizing a common behavior and then forcing business owners to enforce the law for the state is anything but passive.

A business open to the public can't justify offenses against any single customer by claiming privaye [sic]property.

Define "offensive". BTW, Someone is "offended" by everything.

I hope he has not died of lung cancer.

Sarcasm and compassion noted.

39 posted on 09/30/2003 7:42:02 AM PDT by Grit (Tolerance for all but the intolerant...and those who tolerate intolerance etc etc)
[ Post Reply | Private Reply | To 26 | View Replies]

To: Tacis
I agree. In my area, the public was against the smoking bans voted in, but now they love it and are in favor of it. It's a selfish agenda vs. the big picture.

News from Florida:

The ban has been especially tough on smaller, local hangouts like Rodbender's Raw Bar and Grill in Cutler Ridge.

For nearly two months after the law took effect, owner Kathy McMillan banned smoking. She said she lost almost 90 percent of her customers, and more than $14,000 in sales.

40 posted on 09/30/2003 7:42:06 AM PDT by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
[ Post Reply | Private Reply | To 26 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-64 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson