Posted on 03/11/2005 7:47:49 AM PST by SheLion
Plaintiffs Bloomington VFW, Bloomington Legion, Bloomington Eagles, Bloomington Knights of Columbus, Lyon's Pub and Stub and Herb's today Filed a Complaint suing the City of Minneapolis, City of Bloomington, and County of Hennepin.
Plaintiffs request the Hennepin County District Court issue a temporary restraining order enjoining the Defendants from enforcing their local smoking bans, which are scheduled to take effect March 31.
A Judge will hear arguments regarding the temporary injunction on Friday, March 11, at noon.
The Plaintiffs and their attorney will address the press this evening at the following address:
Press Conference Tonight
March 10, 2005
7:00 PM
VFW POST #1296
311 West 84th Street
Bloomington, MN
Contact: Ryan Pacyga, Esq.
612-991-6000
March 11, 2005
BY BETH SILVER and BILL GARDNER
Pioneer Press
A group of bar owners and nonprofit clubs filed suit Thursday to keep Hennepin County and the cities of Minneapolis and Bloomington from enforcing smoking bans at the end of the month.
Fearing the loss of business if customers are not allowed to light up, the group is fighting back as communities across the nation, and Minnesota, adopt smoking restrictions in restaurants and bars. Thursday's lawsuit is believed to be the first to challenge Hennepin County's ban since it was adopted in October.
"My clients feel that their backs are up against the wall," said Ryan Pacyga, the lawyer representing the bar operators.
Backers of a smoking ban proposal for St. Paul are watching the case with interest.
Thursday's lawsuit argues that Hennepin County and the cities of Minneapolis and Bloomington had no legal authority to ban smoking in public places because state law already sets parameters on where smokers can light up.
Filed in Hennepin County District Court, the suit said the state Clean Indoor Air Act of 1975 pre-empts the county and city bans. The act requires restaurants to set aside 30 percent of their space for nonsmoking customers, but allows bars to designate their entire facilities for smoking customers.
The smoking bans "are regulating my clients out of business," Pacyga said at a news conference Thursday night in the smoky bar area at the Bloomington VFW Post 1296.
Other plaintiffs include the American Legion Earl C. Hill Bloomington Post 550, the Bloomington Fraternal Order of Eagles, the Bloomington Knights of Columbus, Lyon's Pub in downtown Minneapolis, and Stub and Herb's near the University of Minnesota in Minneapolis.
"While the bars and restaurants certainly have a stake in this, the group of people that are particularly offended in terms of clientele are the men and women that served our country in times of war — the veterans who fought for our freedom and who are now told they can't even use a legal product in a place where they are members," Pacyga said.
The group says it will lose business to bars in neighboring counties without bans and the veterans' organizations fear they could lose contracts with charitable organizations if smoking is not allowed during bingo games and around pull-tabs, Pacyga said
Sue Jeffers, owner of Stub and Herb's, said she estimated she would lose $250,000 a year if the smoking ban takes effect.
"I will suffer a loss of business as my smoking customers choose to go somewhere else," she said. "I believe the anti-smoking advocates' rights end at my front door."
The county and city smoking bans are scheduled to start March 31. A hearing before Hennepin County Judge John Q. McShane is scheduled for noon today to determine whether to issue a temporary injunction against the smoking bans.
One of the sponsors of Hennepin County's ban, Commissioner Gail Dorfman, said she had not seen the lawsuit Thursday night. But she said state law allows the county to set health policy, as it did when it banned smoking in public places that serve food. The ordinance prohibits indoor smoking in all food establishments and makes no exception for bars that do most of their business in liquor.
"As a public health agency we have the authority to enact regulations to protect public health and safety and we've been doing it for a long time," Dorfman said.
Smoking ban advocates in St. Paul say they will be monitoring the Hennepin County case.
"We'll certainly be watching it," said St. Paul City Council Member Dave Thune, a leading advocate of such a ban in the city. "But the fact is that the tobacco industry has not been successful yet in court in stopping these bans. They're legal. They're constitutional. They're supportive of the public health."
Ramsey, Olmsted and Beltrami counties also have adopted smoking bans.
The Ramsey County ban, also scheduled to begin March 31, allows restaurants and bars a chance at an exemption. Smoking will be allowed in establishments that do more than half of their business in liquor sales.
The St. Paul City Council twice passed anti-smoking measures, but Mayor Randy Kelly vetoed both.
http://www.twincities.com/
Because they have seen how the forced smoking bans in the blue states of New England has crippled the economy brought on by the forced smoking bans.
And don't let California kid you. They, too have suffered dearly because of the forced smoking bans.
"As a public health agency we have the authority to enact regulations to protect public health and safety and we've been doing it for a long time," Dorfman said.
I sure do not miss the land of 10,000 swamps. I left in 84 and never looked back. They are total control freaks and many businesses left also.
In this case it is good to see someone fighting the fight. When someones livelyhood is on the line there is nothing else that can be done. Safety in numbers.
Bloomington VFW, Bloomington Legion, Bloomington Eagles, Bloomington Knights of Columbus
Are all PRIVATE in an even truer sense of the word than the other private businesses that are party to this suit.
I wish them all the best in the world in prevailing in this endeavor.
"Filed in Hennepin County District Court, the suit said the state Clean Indoor Air Act of 1975 pre-empts the county and city bans. The act requires restaurants to set aside 30 percent of their space for nonsmoking customers, but allows bars to designate their entire facilities for smoking customers".
Everyone should look at this and see that compromise just allows the camels nose under the tent.
Here in FL I would like to see someone push for a smokers only resturant. Does anyone know why this cannot be done?
You are 100% correct.
Because the voters in Florida were lied to and so voted tochange your constitution to prohibit such.
Since when? I have been smoking for over 30 years. And it's always been a pleasure for me to enjoy cigarettes all those years in restaurants, bars, taverns, night clubs, bowling alleys.
Most of us are still here and most of us are still smoking.
For these highly paid anti-smoker's going into private business's and forcing smoking bans is WRONG! And the anti's could care less that a business suffers, the employee's are laid off, tips are way down, vendors suffer, musician's suffer, and the final blow: business closed.
Think about it. It's not just the business owner. It's the employee's and the vendors. The trickle down effect.
The Forced Smoking Bans are Choking The Economy!
The Forced Smoking Bans are Choking The Economy!
So do I, Gabz. So do I! America needs to wake up!
Passed your question on. I am awaiting an answer.
Thanks, Gabz!
That's the easiest way I can think to explain it.
Well it's Friday, and hubby is taking me out to lunch.....so I've got to scoot.
As everyone lights their favorite cigarette or cigar in the place we will be going I will again remind them how we all have to work together to keep killing these things all over the country.
I wish the government would impose a ban on bowling. I keep dropping the dang ball on my foot and the feet of my friends! Let's intitute a bowling ban today!
Please have a drink for me and think about me in Maine. Where I can't GO out and enjoy myself anymore like you all do.
Please, enjoy your freedoms now. And don't lose them.
You think Cabin Fever in Maine was bad before? Try getting through the winters not being able to go out for dinner to really relax. :(
Have fun!
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