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Cafe business up in smoke (smoking ban closes restaurant)
The Citizen Auburn NY ^ | Friday, December 20, 2002 | By Mary Bulkot / Staff Writer

Posted on 12/20/2002 10:10:51 AM PST by Behind Liberal Lines

SAVANNAH NY- A ban on smoking has snuffed the life out of their D&S Diner, Susan and Doug Devall say. The owners of the village's only diner, one of the few businesses on Main Street, say they will close for good Dec. 29. They blame Wayne County's no-smoking law, which passed in January.

We'd still be here, Doug Devall said, if the law hadn't passed.

The couple opened the diner in August 2000, after a string of businesses failed at the same location. Although the diner didn't turn a profit in its first year, the two expected to operate in the black the second year. Then the no-smoking law sent that goal go up in smoke. Nearby Cayuga County has no ban on smoking in restaurants, so the Devalls figure much of their business went to light up elsewhere. That took 30 percent of the customers right out of here, Doug Devall said.

Sales were down $3,000 in July 2002 compared to July 2001. Hardest hit were on Friday nights and Sunday mornings.

The couple had the option of converting an extra room into a smoking room, but the cost of installing ventilation, sealing doors and other measures was too much. Meanwhile, the two sympathized with their smoking customers and let them indulge under the counter, so to speak.

If it's not busy in here, I will let people smoke. I'm not going to lose my business, Susan Devall said soon after the law went into effect.

The decision to allow smoking or not should be left up to the individual business owner, Doug Devall said. Restaurant owners should be able to choose whether their establishment will be smoking or non-smoking.

The bottom line

Most of them are crying their eyes out because we're closing, but I can't keep robbing Peter to pay Paul, he said. The bottom line: He needs around $800 a day to survive, said the couple. It's the days when less than $100 comes in and then the propane truck pulls in and there's a $400 bill to pay, those are the days that hurt, he said.

This stuff is going to backfire on politicians, come back and bite them on the ass, Doug said, referring not only to the smoking laws but to the high taxes and other regulations that New York state imposes on small businesses. Workman's compensation, disability, unemployment, liability -- the cost of insurance is extremely high for a small business that employs two full-time and three part-time people.

Absolutely, said Sandy Brownell, when asked whether the new smoking laws have hurt many small restaurants like the D & S Diner.

Brownell is a saleswoman for Palmer Distributing, which is based in Newark. It's hard for them to make it in New York state because of the insurance regulations and the taxes as well, she said. I see it a lot, more than I wish to, she said about the closing.

Brownell is a smoker herself, and said whether she could light up or not weighed into her decision on where to eat.

Not just customers

It's the customers Susan will miss the most, especially the regulars. In a small place like this, though -- one of the few places for people to gather in Savannah -- most of the customers are regulars. In fact, several people sitting at the counter Thursday afternoon, after the lunch rush, had the look of regulars about them.

It's like art work for you, said Jackie Shurtleff, placing Leon Waldron's grilled ham and cheese sandwich in front of him.

Waldron comes to the diner at least once a day, usually to shoot the crap with all the guys in the morning and to pick on everyone.

So where will Waldron go after the new year?

Nowhere it seems.

I'm still coming here, they just don't know that yet, he said.

Tim Carmon, who works in Savannah and drops by at least three times a week for lunch, also hates to see them go.

Shurtleff is Sue's sister, as well as one of the diner's employees. She's worked at the diner since the day it opened.

Both of these facts make the closing an extremely emotional event for her as well as her sister. Upsetting was how she described the upcoming closing -- the simplicity of the words belied the complicated emotions felt.

Before he started working part-time at the diner, Randy Brown would come in with his father for lunch. Off duty Thursday afternoon, he sat at the counter eating what Jackie euphemistically called a concoction -- a Philly sandwich with extra cheese plus pickles, potato chips, and ketchup -- all on the sandwich, not on the side.

Brown has another part-time job at Pearl Technologies, but will miss the good atmosphere at the diner.

It's the environment that will be missed even more than the food. Mrs. Nobel, a Savannah resident whom Shurtleff described fondly as a fixture, has been coming to the diner morning and noon since it opened.

Nobel said the diner has the same friendly, pleasant extended family feeling as when Betty Kelly owned the building and operated a luncheonette there more than 20 years ago.

Nobel doesn't think there will be another business opening in the space anytime soon though -- a great loss for the village.

The diner will be sorely missed on Main Street, which has more empty storefronts than full ones. A couple of bars, a hair salon, a convenience store/gas station, the town hall. Given the limited amount of amenities and services available in this hamlet, most residents head to Seneca Falls or Auburn for basic necessities and entertainment.

This exodus will seemingly continue.

Future plans

There will be an auction in January, and then the Devalls will try to lease the space. Since they own the building, which has apartments upstairs, the couple's connection with the hamlet won't be totally severed.

Drink beer and raise hell, Doug said, when asked about his plans for the future. His contracting business will continue to take up most of his time.

But ultimately it's Sue, at the diner just about every day, who'll miss and be missed the most. Her husband joked his wife would be able to enjoy a stretch of being Suzy Homemaker.

Based on Sue's response to that suggestion, it doesn't seem likely.

Although the couple got smoked out of Savannah, figuratively speaking, Sue hasn't been totally burnt by the restaurant business. But she would consider something closer to home and in a higher traffic area, she said. In fact, with an eye on the future, the couple is tentatively keeping an eye on a place in Weedsport.

But the 29th is going to be pretty hard, Sue said.


TOPICS: Culture/Society; Front Page News; Government; US: New York
KEYWORDS: cancer; dirtyhabit; governmentregulaton; pufflist; smokingban; sorelosers; tobacco
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1 posted on 12/20/2002 10:10:52 AM PST by Behind Liberal Lines
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To: *puff_list; Just another Joe; Great Dane; Max McGarrity; Tumbleweed_Connection; Madame Dufarge
ping
2 posted on 12/20/2002 10:12:42 AM PST by Behind Liberal Lines
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To: Behind Liberal Lines
It's like this all the time.
The small Mom and Pop places take the hits while the franchises can afford to lose a little bit of business and stay open. They have the backing of national corporations.
3 posted on 12/20/2002 10:45:46 AM PST by Just another Joe
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To: Behind Liberal Lines
How would the local law treat a situation where Leon or any other customer uses his coffee cup as an ashtray, is asked by his friendly waitress to extinguish his smoke, and from that point everyone continues as in the past, smoking if they want to, not eating there if they don't want to, and voting for the elected officials of their choice?
4 posted on 12/20/2002 10:50:07 AM PST by concentric circles
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To: Behind Liberal Lines
Headline should read : Selfish smokers put another business out because they can't go an hour without a cigarette
5 posted on 12/20/2002 10:50:59 AM PST by VRWC_minion
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To: VRWC_minion
That's not the point, minion, and you know it.
If you want to start we can.
6 posted on 12/20/2002 10:58:45 AM PST by Just another Joe
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To: VRWC_minion
How strange to see you on a thread like this.

Headline on all your posts should read, Selfish fascist advocates the end to private property

Please just admit to being a liberal and stop all the nonsense.

7 posted on 12/20/2002 11:01:53 AM PST by Protagoras
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To: Just another Joe
The first point is the chances this guys restuarant was successful to begin with was probably nil. If the guy didn't have a positive cash flow by the end of the first year, it wasn't likely to happen.

The second point is that the remaining restaurants will react and it will react by working to extend the bans elsewhere.

The third point is that if the law change did put him out, the cigarette smokers are to blame for this guy's demise. If they were not addicted they would have continued to eat there.

8 posted on 12/20/2002 11:06:02 AM PST by VRWC_minion
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To: ThomasJefferson
Ok I'm a liberal according to you. Happy ?
9 posted on 12/20/2002 11:08:58 AM PST by VRWC_minion
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To: Behind Liberal Lines
And here the Dems malign the republicans by calling them "pro big business", then enact laws that hurt the little guy and can only be overcome by big business. And they have the nerve to object to the designation: DemocRATS
10 posted on 12/20/2002 11:11:10 AM PST by trebb
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To: VRWC_minion
Ok I'm a liberal according to you. Happy ?

Nope, according to you is what I want.

11 posted on 12/20/2002 11:11:17 AM PST by Protagoras
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To: VRWC_minion
Why don't you go play on demoratunderground with the rest of the antismoking nazis
12 posted on 12/20/2002 11:12:06 AM PST by sticker
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To: VRWC_minion
Headline should read : Selfish smokers put another business out because they can't go an hour without a cigarette

Here's a novel idea: some establishments can cater to smokers, and others can ban smoking. Let the market decide.

13 posted on 12/20/2002 11:14:26 AM PST by NittanyLion
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To: VRWC_minion
If the guy didn't have a positive cash flow by the end of the first year, it wasn't likely to happen.

BS, go look things up before you open your mouth. There is a difference between a positive cash flow and a profit.
Many times a new business doesn't show a profit for two years or more.

The second point is that the remaining restaurants will react and it will react by working to extend the bans elsewhere.

I guess that would depend on how much new business they are picking up due to the smoking bans.
I just don't understand how you are still alive seeing as how your logic is continually off target.

As for your third point, are you really going to pay money to go somewhere that doesn't cater to you when you can go somewhere else that does?

14 posted on 12/20/2002 11:17:28 AM PST by Just another Joe
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To: VRWC_minion
If the guy didn't have a positive cash flow by the end of the first year, it wasn't likely to happen.

How do you know that. Do you know what his initial start-up costs were? His depreciation schedule? His supply contracts? What makes you so sure he wouldn't have made it a go?

15 posted on 12/20/2002 11:20:46 AM PST by Ditto
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To: ThomasJefferson
If someone who hate smoke is a liberal then I'm the poster boy. If someone who thinks smokers are selfish and rude is a liberal then my picture is next to the dictionary definition.

Okie dokie ?

16 posted on 12/20/2002 11:24:04 AM PST by VRWC_minion
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To: NittanyLion
Here's a novel idea: some establishments can cater to smokers, and others can ban smoking. Let the market decide.

I agree.

17 posted on 12/20/2002 11:24:34 AM PST by VRWC_minion
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To: VRWC_minion
If someone who hate smoke is a liberal then I'm the poster boy. If someone who thinks smokers are selfish and rude is a liberal then my picture is next to the dictionary definition.

Actually, you're a liberal because you advocate the use of government to achieve that which belongs in the private sector.

18 posted on 12/20/2002 11:27:47 AM PST by NittanyLion
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To: VRWC_minion
If someone who thinks smokers are selfish and rude is a liberal then my picture is next to the dictionary definition.

Mighty sweeping statement, don't you think?

19 posted on 12/20/2002 11:29:08 AM PST by Just another Joe
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To: NittanyLion
Yup...and no conservative ever does that.
20 posted on 12/20/2002 11:30:00 AM PST by Wolfie
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