Posted on 03/29/2005 4:35:45 AM PST by SheLion
NEWPORT, R.I. -- Bar and restaurant owners upset over the newly enacted smoking ban sued the state Wednesday, saying exemptions to the law make it unconstitutional.
The law temporarily exempts small bars with fewer than 10 employees and nonprofit groups that meet certain requirements. The state's two gambling facilities are permanently exempted, meaning smokers will be able to light up there, but not in most bars and restaurants.
The suit was filed in Newport Superior Court by five businesses who said they have been hurt by the ban, according to the Web site of the Providence Journal. The suit claims the exemptions are arbitrary and do not promote public health.
The businesses, Cafe 200 in Newport, Picasso's Pizza & Pub in Warwick, Nicky's Lounge in Coventry, Scooby's Neighborhood Grille in Middletown and Odd Ball Sports Bar in Middletown, said their business has dropped 10 to 35 percent since the ban took effect March 1, the Journal reported.
The businesses requested a temporary restraining order to block the exemptions, and Superior Court Judge Stephen J. Fortunato Jr. scheduled a hearing for Thursday.
A spokesman for Attorney General Patrick Lynch, who is named in the suit, said the attorney general's office was preparing for Thursday's court appearance.
"One of our duties is to defend the constitutionality of statutes and we'll be doing that in this case as well," said the spokesman, Mike Healey.
Rhode Island Smokers:
A public yahoo group for anyone who wants to talk about the Rhode Island ban situation.
Tobacco Taxes
Rhode Island's excise tax per pack of cigarettes: $1.710
Rhode Island's excise tax collection for the fiscal year ending June 2002: $79,064,000 Sales tax on tobacco products: 7.00% Federal excise tax per pack of cigarettes: $0.39 Total federal excise tax collections in fiscal year 2002: $7,512,700,000 Click here for the Cigarette Tax and Payment Table for all states.
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Number of six-packs of beer that must be sold in Rhode Island to produce the same state excise tax revenue generated by one carton of cigarettes: 241.9 |
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Number of bottles of wine that must be sold in Rhode Island to produce the same state excise tax revenue generated by one carton of cigarettes: 111 |
| Smokers Pay Excise Taxes2 | $ | 94,002,000 |
| Smokers Pay Sales Taxes2 | $ | 22,076,000 |
| Smokers Pay Tobacco Settlement Payments3 | $ | 52,439,000 |
| $ | 168,517,000 |
| Rhode Island smokers' median household income | $ | 37,343 |
| Rhode Island nonsmokers' median household income | $ | 47,121 |
32% of Rhode Island smokers had household income LESS THAN $25,000
16% of Rhode Island smokers had household income EQUAL TO or GREATER THAN $75,000
The impact of smoker payments on the incomes of working families was more than THREE TIMES the impact on higher income smokers. Those who can afford it least pay a disproportionate percentage of their hard-earned income in smoker payments.
| Total average paid per Rhode Island smoker in excise and sales taxes | $ | 644 |
| Cost per Rhode Island smoker for settlement payments to RI | $ | 291 |
| Total annual payments to Rhode Island per smoker | $ | 935 |
| Total annual payments to Rhode Island per nonsmoker | $ | 0 |
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These restaurants obviously haven't read the 3rd and 4th articles in the penumbra constitution:
#3) All your private property belongs to us.
#4) All pigs are created equal, but some pigs are more equal.
Article [V.]
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Hopefully they can prove Rhode Island has unjustly taken their private property.
They have morphed into a clique which has kidnapped our freedoms one by one.....tort lawyers destroying ligitimate businesses, judges executing the innocent, and other situations such as this where nuisance laws destroy our freedom of choice.
Lawyers, from their perches, decide for us whether and where to smoke and intrude into every other part of our daily lives on the pretext of helping society.
A pox on the legal profession!
The nitwits are going in the wrong direction. They should be sueing to overturn the ban completely not to widen it. What dopes.
Well, cigarettes are the only commodity that is legal to buy but we are made to feel like criminals for using it.
And just what would the state lawmakers do without the billions coming into their state by the Tobacco Settlement money that is paid for 100% by the RI smokers who pay taxes on their cigarettes?
Not the Government and NOT Big Tobacco, but the smokers. And the anti's and lawmakers are using our own tax dollars against us to ban, control and restrict us.
I'd love to see the RI government scramble for those tax dollars if all the smokers in RI went elsewhere for the smokes.
My heart goes out to the private business owners. They didn't ask for a forced smoking ban. It's choking their revenue's. And they didn't ask for this!
that is what they are trying to do...if the casinos have to apply the ban equally, the state will quickly repeal it. money talks.
Here we go, yet again! The government controlling private property use! When will it end. A Boston-like "tobacco party"! It's time for some civil disobedience. The cigarette nazi's must be stopped.
You see, smoking bans are not legal. NY and FL judges have already agreed that bans are not enforceable. (Links at http://www.smokersclubinc.com ) This makes all smoking bans illegal unless your State or town wants to train you, supply liability insurance, sign you on as police AND make it a law that anyone they want must be forced into police duty. Your 16-year-old son washing dishes in a restaurant would have to go to the police academy because he may have to uphold the smoking ban law. Remove these un-enforceable laws from your books NOW to avoid lawsuits. Every worker has the right to sue you when hurt; your ban opens you up for liability. There are already lawsuits started, check the newsletter and the Ban Damage and Ban Loss pages.
Granville, Newark, and Heath have adopted the Columbus regulations, which as written, if passed, illegally enslave every business owner as police for them. You can stop them all now before they become law, and then you would have to go back and deal with them later. Forces in Columbus, Cincinnati and other places are already preparing to fight in court. Why go through all of this for nothing? Why allow your State to be ripped apart at the seams over something that is not enforceable, and goes against the grain of private business ownership?
When people in a town are descended upon by the Anti-smokers whose only paid job is to spread their lies… most people don’t take the time to research the situation, and tend to believe what they hear from people who appear smarter then them. It’s only natural and I don’t blame them. But by pointing out that you are not allowed to enslave citizens as your army, this situation can and will be rectified.
Thank you for helping to keep America free and uphold the memory of those wonderful brave Americans who fought and died to keep our freedom and way of life in tact for future generations. Any business owner who wants to make their own rules on their own property will. There will be enough; smoking, non-smoking, and accommodation of both in businesses, for the intelligent public to decide where they want to spend their money. Let freedom of choice dictate private business and private property. It is the American way.
Yours,
Samantha Phillipe
President
The Smoker’s Club, Inc.
(This letter is going online at http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=1167 just in case your spam protector does not allow mail from dotcom email addresses. I will ask if readers could also send you a copy of this from their computers to be sure that you see it. I’ll remove this post note when a response from you, or your legal representatives is posted. Thanks.)
"The role of government is not to create wealth.
The role of government is to create an environment
in which the entrepreneur or small business or
dreamer can flourish. And that starts with rule of law,
respect of private property, less regulatory burdens on the
entrepreneur, open banking laws so that all people
have access to capital, and good tax policy."
President George W. Bush
St. Petersburg University,
St. Petersburg, Russia
May 25, 2002
In this day when the lawmakers are crying over the economy, the enforce smoking bans which have severely hurt private businesses to include the CLOSURE of many businesses across the United States. They talk out of both sides of their mouths.
Well, the boards of health are collecting a lot of the cigarette taxes, and from this, the boards of health created the office of the Partnerships for a Tobacco Free everything. These anti's working in these departments are reaping the benefits of the smoker's tax dollars.
Instead of using this money to help smoker's quit, should there be any, and to educate the public, they turned into Little Gods and the power went to their heads. They are using our own tax dollars against us to ban, restrict and control us. We are PAYING for this personal abuse and it has to stop!
And when they started a forced smoking ban on private businesses, they have completely way over the top.
And yes. They have got to be stopped.
The problem is they could, but won't. In RI you no more than a half hour to 45 minutes from the MA/Conn borders. Most people in RI won't drive more than a couple of blocks to get milk.
Also most are liberal democrats who are use to being bullies by their governments or the mob.
v/r
One law for thee and one law for me. (Meaning the state)
The serfs are getting restless.
How much is a guillotine?
I still say Ted Kennedy has a strangle hold on New England. How I long to see him GO!
They are such disgusting creatures. The power has gone to their fat heads.
This statement right here tells me everything I need to know about their so-called anti-smoking crusade...only if it's gonna bring them revenue are they really interested in doing it. Heaven forbid the casinos (which no doubt bring in plenty of tourist dollars!) be made to bow to the same laws they are applying to other businesses. It might drive the tourists with their fat wallets away, and then they'd end up losing even more money!
Greedy you-know-whats!!
"Most people in RI won't drive more than a couple of blocks to get milk. "
That it is so true, it makes it funny.
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