Eateries resist telling smokers to snuff it
Posted on 03/02/2003 5:11:15 AM PST by MeekOneGOP
Eateries resist telling smokers to snuff it
Owners say they aren't obliged to enforce ban; Poss endorsed
03/02/2003
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.
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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."
But the people who are fed up with having to pay to imbibe smoke along with their meal CAN enforce it.
I suggest that those smokers who don't wish to "step outside" to pollute their own lungs and leave the lungs of the rest of us OUT of it, might be met by a "committee" of non-smoking citizens, and FORCED to accede to the law.
If not, maybe their lives will end up even shorter than the actuarial statistics of smokers might indicate.
There was a last minute attempt to block this, but it failed. I'm posting it on this thread to "All" in a minute in case you'd like to see it.
Thanks ...
03/01/2003
A last-ditch effort to get the Dallas smoking ban stopped before Saturday has failed, but some restaurant owners and others still hope the ordinance will be overturned.
"The order being denied, obviously, we're not happy with that, but I don't think that affects our plans at all," said Greg Boling, an attorney for the restaurant group. "We're moving on."
District Judge Adolph Canales on Friday afternoon denied the temporary restraining order requested by Jim Graham, who described himself as a smoker and restaurant patron, and restaurant owner Matt Mankin. They are backed by Citizens for Freedom of Choice, a group of about 200 Dallas restaurant owners and others.
Judge Canales scheduled a March 10 hearing on the request for a temporary injunction.
The restaurant owners said that until then, they will abide by the ordinance passed by the Dallas City Council last month to stop smoking in restaurants and other establishments in the city. The law takes effect Saturday.
"We have many laws to abide by," said Ron Corcoran, a member of Citizens for Freedom of Choice and the owner of Sipango on Travis Street. "We will abide by this one."
Attorneys for the restaurant group said they think the law is unconstitutional and violates state laws about smoking.
The City Council voted 10-3 on Jan. 22 to pass the ordinance championed by Mayor Laura Miller. The law allows smoking only in establishments that derive 75 percent or more of their gross revenue each quarter from alcohol sales. Bowling alleys, bingo parlors, hotel meeting rooms, grocery stores and many other retail and service establishments also must be smoke-free.
Ms. Miller said she was delighted with the judge's decision Friday.
"I'm pleased we're going to be able to proceed with the ban tomorrow. It's a great step forward for our city," she said. "It would be really nice if people were to eat out a lot in the next 10 days and tell the restaurant owners how much they appreciate the smoke-free atmosphere."
City Attorney Madeleine Johnson said she is sure the court will uphold the smoking ban. She said the city has been working hard to make sure restaurant owners and others understand the new law.
"I think we're in good shape. I think this is a good ordinance," she said. "Enforcement starts on Saturday."
The ordinance requires business owners to hang no-smoking signs in their entrances. If they do not comply, they can be fined $50 to $500.
Business owners and bartenders cannot be fined for not stopping someone from smoking.
Individuals who smoke in no-smoking areas can be fined $25 to $200.
The smoking ban will be enforced by inspectors with the Dallas Environmental and Health Services Department, though other city employees, including police officers, may be able to ticket offenders.
If the restaurant group - which includes Pappas Bros. Steakhouse, Javier's and Terilli's Dallas - is granted the temporary injunction in two weeks, the city may have to stop enforcing the smoking ordinance until a judge makes a final decision on the law.
E-mail kmenzer@dallasnews.com
But it is human nature to thumb one's nose at an a**hole.
Hey, sex is legal. Therefore by your logic, they ought to be able to have group sex in these establishments as well.
Or fatten his virgin lips, should he threaten in person.
The above quote of yours must be your own psychological projection of what you would, or in this case wouldn't do, without being forced. All business would refrigerate foods regardless of the statutes. Except your business, because you do, or don't do, whatever the authorities command you to do, hence, you are a serf.
I always sit in the non-smoking section now, and even then the smoke sometimes drifts into my face. Oh, well ! lol ...
This law won't affect me very often now, since most of the time when I eat out, it's somewhere in suburban Dallas, not Dallas proper ...
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