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Posted on 09/15/2003 8:11:35 AM PDT by Sub-Driver

Smokers 'Taking it to the Streets' to protest ban By VANESSA THOMAS News Staff Reporter 9/15/2003

A collective puff of cigarette smoke will permeate the air outside of restaurants and bars across Western New York tonight, when patrons stand outside with placards and light up to protest the new smoking ban. During the statewide protest, dubbed "Taking it to the Streets," customers at participating venues will be asked to step outside for a brief protest starting at 8:30 p.m., to show their disapproval of a smoking law, in effect since July 24, that has banned smoking in all workplaces, including bars, restaurants and bowling alleys.

Protests are planned for least three local venues - in Kenmore, Niagara Falls and North Tonawanda.

Organized by the Empire State Restaurant and Tavern Association, the rally is meant for those who cannot attend the group's larger protest, which is scheduled for Tuesday morning on the steps of the state legislative office building in Albany.

"People are frustrated and they feel helpless, so by participating in the protest they'll feel like their voices are being heard," said Western New York organizer Judi Justiana.

"Our customers feel like lepers every time they have to step outside to smoke. . . . The state went too far with this law and it's causing major job losses."

Patrick Hoak, president of the Innkeepers Association of Western New York, said the smoking law caused five restaurants in Western New York to close down. He estimated that restaurants are suffering a 20 to 60 percent loss in business because of it.

"It's hypocritical for (the state) to say smoking is bad for our health, yet they take the sales tax (on cigarettes)," said Hoak. "This is not about health. This is about choice. . . . Don't put a knife in the back of restaurants. We need help now."

Hoak said the bar and restaurant owners hope the rallies will push state legislators to amend the law to allow smoking if there is an air purification system in the bar area.

The Empire State Restaurant and Tavern Association has also filed a lawsuit in federal court in Syracuse against the state to challenge the constitutionality of the law.

Nevertheless, anti-smoking advocates at the Center for a Tobacco Free New York say the smoking ban helps protect employees and patrons from the toxic effects of cigarettes.

Lesley Battaglia, manager at Betty's Grill in North Tonawanda, said the anti-smoking initiative has crippled her family business of 40 years.

"Summer's bad to begin with but this just adds to the struggle," said Battaglia, adding that profit is down about 30 percent. "We're already dreading the winter."

Justiana, owner of Judi's Lounge, 257 Military Road, Niagara Falls - where one of the local rallies will be held - said each "Taking it to the Streets" rally will last between 15 and 30 minutes.

Protests are also planned for St. James Place, a sports bar and pizzeria at 1531 Military in Kenmore; and the corner of Webster and Tremont streets in North Tonawanda's restaurant district.

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