Eateries resist telling smokers to snuff it - owners say they aren't obliged to enforce ban

The Dallas Morning News ^ | March 2, 2003 | By DAVE LEVINTHAL / The Dallas Morning News

[MeekOneGOP]

Eateries resist telling smokers to snuff it

Owners say they aren't obliged to enforce ban; Poss endorsed

03/02/2003

By DAVE LEVINTHAL / The Dallas Morning News

If Dallas Mayor Laura Miller expects restaurateurs to become her anti-smoking patrol, she's mistaken, industry leaders said Saturday on the first day of Dallas' restaurant and bar smoking ban.

The Greater Dallas Restaurant Association is instructing owners to abide by the new city ordinance, such as by posting "no smoking" signs. But it is telling them not to feel compelled to enforce it.

"We are not going to get into a confrontational situation if someone is smoking," said Mark Maguire, president-elect of the Greater Dallas Restaurant Association and owner of Maguire's Regional Cuisine and the M Grill & Tap in Dallas. "We're going to choose not to confront it."

At a smoke-free happy hour at Maggiano's Little Italy restaurant, Mayor Laura Miller praised the ban as a victory against illness.

"It's a public health issue, first and foremost," she said. "You have to stay strong and believe in that."

RICHARD MICHAEL PRUITT / DMN

Jeramy Tuggle, a waiter at Dick's Last Resort in the West End, had to go outside for his smoke break Saturday.

But count restaurant association leaders among the nonbelievers.

Ms. Miller angered them enough that the association on Saturday made its first mayoral endorsement ever - recommending City Council member Mary Poss, who is challenging Ms. Miller in the May 3 election.

Ms. Poss vowed Saturday that, if elected, she would attempt to overturn the ban.

"Some of these businesses will not be in business," she said. "Others will move to the suburbs."

Ms. Miller played down the endorsement.

"It doesn't surprise me. The restaurants are nervous because this is a big change," she said. "They'll come around quickly."

The mayor cited studies indicating that smoking bans increase restaurant patronage rather than drive it to other cities, as some restaurateurs fear.

At the Cadillac Bar in Dallas' West End, general manager Mark O'Brien said he opposed the ban, although he reported normal business Sunday and no problems among nicotine-starved patrons.

In keeping with the restaurant association's guidance, he said he would not harass customers who decide to light up at the risk of being fined as much as $200.

Among the smokers who were grumbling but not puffing at the Cadillac was Jared Davidson.

He said he would consider taking his cigarettes - and money - to restaurants in Addison, Arlington or Fort Worth.

But he remained at the Cadillac on Saturday.

Mr. Davidson sat quietly, his food before him and a half-empty glass of suds inches from his left hand. But at his right, the ashtray was gone.

"It's really weird - really weird - going into a bar, having a beer and not being able to have a cigarette," said Mr. Davidson, gesturing as if holding an invisible cigarette between his index and middle fingers. "It's going to take some getting used to."

MONA REEDER / DMN

Mayor Laura Miller says restaurant owners eventually will see the wisdom of the city's smoking ban, which went into effect Saturday.

At Dick's Last Resort, a West End bar and restaurant, Douglas and Karen Lambert sat at the bar drinking beer. Mr. Lambert smokes; his wife doesn't.

He said he would abide by the ban; he doesn't even smoke in his own house. But that doesn't mean he likes the new city restrictions.

"It should be up to the establishments, the owners, to decide where customers can and can't smoke," he said.

Likewise, it's up to customers to take their business to restaurants that appeal to them, Mr. Lambert said. "If you don't want to smell smoke, don't come in."

Jason Buckner of Dallas said he agreed with the ban.

Dining in a Dallas restaurant without the smell of burning tobacco wafting his way, and coming home without smelling of smoke, will be a welcome change, he said.

"I can't really stand smoke," he said. "The ban is a real benefit to people who want to be healthy."

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Online at: http://www.dallasnews.com/latestnews/stories/030203dnmetsmoking.b2756.html

[CARepubGal]

Yup! I have a freind who moved out to CA from the East Coast. She took I-70 to avoid SLC entirely (drinker, coffee fan and smoker) b/c of the reputation of the area. :-)

[CARepubGal]

LOL! The PartyLite three wick candles are so cool! Hope you have fun at the party (the company gives the party hostess lots of freebies depending on how much stuff is bought).

[AlabamaRebel]

She took I-70 to avoid SLC entirely

But she still hit Utah, I avoid the whole state. Most places I can fill my thermos for about $2.00, Utah can be up to $4.00.

Rip Offs!!!

[AlabamaRebel]

The PartyLite three wick candles are so cool!

Just checked with the wife and it's not a candle party, it's a home decor party that sells a lot of candles.

I almost know what's going on :)

[CARepubGal]

Wow! That is expensive coffee!

[CARepubGal]

Those are fun (Princess House has great stuff but it can get pricey)

[Wrigley]

I stopped at PC. The other parties she was into were too girly. I knew it was party night when he'd show up at my door with a six pack.

I don't understand stamping and Creative Memories. Why would you need all those different cutting devices, when a good scissors is all you need?

[Walnut]

I'm with youu. What ever happened to the rights of the smoking people?
I don't smoke but I defend the right to smoke. It isn't against the law to smoke. I go out to eat at the same restuarants as everyone else. the smoke didn/t bother me and if it did then I think its up to me to go somewhere else. how long do we tread on rights?
smoke if you got them

[AlabamaRebel]

Wow! That is expensive coffee!

Just one of the many reasons to avoid Utah :)

[AlabamaRebel]

Those are fun (Princess House has great stuff but it can get pricey)

The only FUN parties are the lingerie ones (hubba hubba) =;O

[CSM]

Actually this is to all of the posters in areas where smoking bans have occured. I couldn't figure out how to post to the general topic, it kept forcing me to post as a reply to someone.........Eventually I will figure it out!

Do you know of any cases where a bar or coffee house attempted to become a private club that allows smoking? I could envision that this would be a case where someone could pay a membership fee and then belong to the private club that used to be a bar. What keeps them from doing this?

[Gabz]

What keeps them from doing this?

In a nutshell - the anti-smoker nazis.

Such ideas were proposed here in Delaware - but the bureaucrats decided they are not permitted usage.

[Wrigley]

I like how you think.

[AlabamaRebel]

I like how you think.

I may be getting old, but once a pervert always a pervert ;)

[Wrigley]

:-)

[CSM]

What was the actual reason for declining this usage? If a non smoker wasn't allowed (I should say anti) or a waiver was required to join, then what could stop it? I could see the risk to a pub or bar and the liqour license issues, but could a coffee shop do this? What happens if I create a club in my own basement and charge a membership fee, but don't sell anything? People could bring their own beverage.........

[Gabz]

Basically the problem is how they so broadly defined "public" places and places of employment.

For example if you own a small business, that is just an office and the public is generally not invited in, but you have a sales force that utilizes that office as their office - smoking is prohibitted - even if everyone is a smoker and no one has a problem.

The bars, restaurants, etc all fall under both the new definitionof "public" place, as well as a place of employment.

I'm not sure how itis being handled in other locations but basically, if a business was not licensed as a "private club" such as the local country club, or a fraternal organization (elks, Moose, VFW, etc) they are pretty much SOL about converting to a private club.

What you are proposing in your basement - that would be perfectly legal, at least here.

There is one other exception - if I book a private function at a restaurant or a hotel, and the management of the location has no control over my seating arangement (think wedding reception or organization banquet) then smoking can be permitted.

[CSM]

Interesting. If I were a pub owner I would think of selling to a "friend" so they could establish a private club. I wouldn't think smoking would need to be discussed, just propose a charter and a potential membership board. The board then has to invite and vote members in. I wonder if it could work if the proprietership changes hands and the bar decided to change the "format".

Interesting about the wedding reception format.......

The only problem with inviting people over to my basement is that so much traffic would be in and out of my house that I would end up being investigated as a drug dealer...

[Gabz]

Interesting. If I were a pub owner I would think of selling to a "friend" so they could establish a private club.

Selling a liquor license is a difficult deal in Delaware, as is buying it - and it's expensive.

I wouldn't think smoking would need to be discussed, just propose a charter and a potential membership board. The board then has to invite and vote members in. I wonder if it could work if the proprietership changes hands and the bar decided to change the "format".

Again, very iffy - a minimum of 6 months worth of "minutes" of the organization, along with the mission statement, etc must be provided to the licensing board. And now with the enforcement arm of this ban saying no about private "clubs" there would be even less guarantee of licenses being granted.

This thing is an absolute disaster - and other places are using it as model legislation.

I can only say to anyone in a jurisdiction where the powers that be are holding up the Delaware smoking ban as a model - do some serious looking into it - or FReepmail me.

The Delaware ban has been horrible to small business.

[CARepubGal]

The girly stuff is fun! :-)