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N.J. lawmakers misstep with smoking ban
Philadelphia Business Journal ^ | January 20, 2006

Posted on 01/30/2006 8:31:19 AM PST by SheLion

Imagine you own a restaurant in New Jersey. You lease your space and you pay your taxes, your cooks and your servers. The state has decided that, on April 15, you will have to ban smoking.

Trampling over the rights of business owners will go down as one of the last acts of Acting Gov. Richard Codey, who signed the law banning smoking in restaurants this month. The state is doing this to save employees from the dangers of second-hand smoke. In joining other states that have made similar moves, lawmakers also relied on studies indicating that smoking bans are actually good for the restaurant and bar business.

Yet, it's not the lawmakers whose businesses are on the line and, despite the best of intentions, it's likely that some businesses heavily patronized by smokers will suffer by going smokefree. It's noteworthy that Codey and his cohorts didn't dare mess with the Atlantic City casinos that are a cash cow for the state.

It's easy for lawmakers to make decisions for others, especially when they aren't held responsible for the consequences.

Simple truths, it would seem, are being ignored. If it makes business sense to ban smoking, restaurant owners -- not lawmakers -- would likely be the best people to make that assessment. If restaurant employees are concerned about smoke in their workplace, for once they're fortunate to be in a transient and fluid industry where there are other places to work for qualified staff. And if it's such a great idea for businesses, why exempt Atlantic City casinos?

There's still some hope that this ban will be derailed as it faces a legal challenge by restaurateurs, who argue it is not fair because it does not apply to all. Getting the ban overturned would be a small triumph for business rights.

Then we can see whether lawmakers are willing to roll the dice on losing gambling money at a time when the state is projecting a $5 billion deficit. Then, it would seem, lawmakers would have to take a risk themselves rather than foist one upon others. Or they could opt for an educational program that
lets business owners make an business decision, which could include installing ventilation systems to give non-smoking diners a true alternative to eating in a smoke-filled room.

If you're a restaurant owner, I wouldn't hold my breath for the situation to change. Apparently, that's just not New Jersey's way.


TOPICS: Government; US: New Jersey
KEYWORDS: anti; antismokers; augusta; bans; budget; buttlist; butts; camel; caribou; chicago; cigar; cigarettes; cigarettetax; commerce; fda; forces; governor; individual; interstate; kool; lawmakers; lewiston; liberty; maine; mainesmokers; marlboro; msa; niconazis; osha; pallmall; pipe; portland; prosmoker; pufflist; quitsmoking; regulation; rico; rights; rinos; ryo; sales; senate; smokers; smoking; smokingbans; taxes; tobacco; winston
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To: SheLion

Yup! Everyone in gov't knows better than me. Amazing!


21 posted on 01/30/2006 9:08:53 AM PST by Sunshine Sister
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To: NaughtiusMaximus
If they were really interested in reducing public health hazards and expenses they would pass strict anti-sodomy laws and enforce them vigorously. The so-called gay lifestyle is infinitely more destructive and expensive than burning leaves in little paper tubes. But that's politically incorrect and laying punitive taxes on the backs of smokers is moronically easy tax farming. Of course, as smokers stop paying taxes by rolling their own or buying on the black market, the generalized tobacco tax revenues will drop, creating a void in the budget. The result, higher sales, income and property taxes for everyone to make up the new "deficit." Beware, putting tax money in the hands of politicians is like handing whiskey an carkeys to teenage boys. The taxes you favor increasing will turn into your own.

Well, you can tell it isn't about health, when NJ Governor forced a smoking ban on all private businesses EXCEPT the casino!

And as far as banning gays or their lifestyle, they have the Gay Group with lots of money for court costs behind them.  Smokers have no such money or group to turn to.


22 posted on 01/30/2006 9:11:14 AM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: CSM
Um, yes, at least at the federal level.

Then let's confine your answer to the state government. After all, that's the subject of the thread.

Any smoking-ban opponents who say, in effect, "any workers who don't want the risk (no matter how serious it really is) can go find another job" are simply shooting themselves in the foot. They're ignoring or even conceding defeat on the bigger issue, that being whether secondhand smoke really poses a serious health risk.

Because, if you give the 'nazis' a pass, and let them call it a serious health risk, if you're going to say concerned workers should just find another job, you'd better be ready to say the government (at all levels) should abandon all its efforts in the area of worker (and consumer) safety regulation.

Now, while that very well may be true -- hey, I'm a big proponent of 'caveat emptor' myself -- that's going to be a VERY difficult sell to the 90% of Americans to the left of me, the hardcore right-wing zealot. You'll be a lot better off focusing on disproving the alleged risks of secondhand smoke. If secondhand smoke does not rise to the level of a serious health risk, even the most casual conservative will agree government has no business regulating it in the workplace, and you'll have a much easier time convincing the mushy middle.

23 posted on 01/30/2006 9:25:02 AM PST by newgeezer (Just my opinion, of course. Your mileage may vary.)
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To: SheLion
could include installing ventilation systems to give non-smoking diners a true alternative to eating in a smoke-filled room.

Many restaurants went to a great deal of expense to do just this before the smoking Nazis' Great Putsch.

It wasn't enough for the Enemies of Private Property.

24 posted on 01/30/2006 9:25:19 AM PST by Madame Dufarge
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To: SheLion
It HAS been debunked. Over and over again. And even by the WHO!

Good. Then, by all means, beat that drum for all to hear.

If we can convince the non-smoking public that secondhand smoke poses no real health risk, it becomes a lot easier to convince them that there is no justification for government regulation in the workplace. Muddy the message with the "workers who don't like it can find other jobs" line at your own peril.

25 posted on 01/30/2006 9:35:19 AM PST by newgeezer (Just my opinion, of course. Your mileage may vary.)
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To: Madame Dufarge
Many restaurants went to a great deal of expense to do just this before the smoking Nazis' Great Putsch.

It wasn't enough for the Enemies of Private Property.

My favorite place to eat almost closed their doors after the first smoking ban in Maine in 2000.

The owner then invested in a very expensive liquor license and business started to boom again.

They then remodeled.  The place is beautiful.  4 big ceiling air purifiers.  Full menu.  A beautiful glass enclosed non-smoking section.  Sign on the entrance door "This is a smoking establishment.  No one under 18 admitted without guardian."

It is a Sports Bar with the full computer golf game across the back wall;  bunch of big TV's.  Just beautiful.

But that still wasn't good enough for the state.  A full no smoking ban went into effect a year ago January.  I went once after the ban, was so miserable that I couldn't sit there like old times and enjoy the evening that I haven't put myself through that again.

And do you think the state will reimburse this business owner for spending his own money to be able to accommodate everyone?  You can bet they will not.

26 posted on 01/30/2006 9:37:39 AM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: newgeezer
Muddy the message with the "workers who don't like it can find other jobs" line at your own peril.

Which reminds me of one gal who worked in a bar and couldn't stand the smoke.

She more or less demanded the owner go smoke free.

Guess what?  She was out on the streets looking for another job.

27 posted on 01/30/2006 9:39:30 AM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: OldFriend

Don't forget Abbott


28 posted on 01/30/2006 10:16:45 AM PST by jjmcgo
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To: jjmcgo

Thanks for the reminder. Seems the socialists are alive and well in their determination to redistrubte the earnings of hard working folks.


29 posted on 01/30/2006 11:09:15 AM PST by OldFriend (The Dems enABLEd DANGER and 3,000 Americans died.)
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To: newgeezer

The EPA has already refused to set the minimum exposure limits on ETS. They already have permissable exposure limits on the elements of ETS and the limits are far above levels seen in the smokiest of bars. If the nico-nazis were to be successful in getting these limits lowered, then they would be banning everything from heavy manufacturing down to tap water.

But we all know that is their ultimate goal. The destruction of our economy and outright socialism.


30 posted on 01/30/2006 11:16:35 AM PST by CSM (Lick a finger, politicize the wind, and place the finger into the wind. - EGPWS, 1/26/2006)
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To: newgeezer

BTW, it is no longer even presented under the guise of "health risks" to workers. It is presented as a convenience that they get to avoid the "unpleasant" smell. They celebrate it because their clothes don't stink.


31 posted on 01/30/2006 11:18:04 AM PST by CSM (Lick a finger, politicize the wind, and place the finger into the wind. - EGPWS, 1/26/2006)
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To: CSM
I guess someone should tell the author of the article. He or she wrote, "The state is doing this to save employees from the dangers of second-hand smoke."
32 posted on 01/30/2006 11:29:34 AM PST by newgeezer (Just my opinion, of course. Your mileage may vary.)
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To: newgeezer

They won't stick to that argument tho'. They will very easily accept that no health risks exist, yet they will still bang the drum. Except their mantra will change from "health" to "I just don't like the smell!"

I've experienced enough of it to know.


33 posted on 01/30/2006 12:41:50 PM PST by CSM (Lick a finger, politicize the wind, and place the finger into the wind. - EGPWS, 1/26/2006)
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To: CSM
At least if you can force them to fall back on, "I just don't like the smell!," you might be able to convince the American sheeple that no government has any justification for regulating it.
34 posted on 01/30/2006 1:32:12 PM PST by newgeezer (Just my opinion, of course. Your mileage may vary.)
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To: SheLion

Thanks for the ping!


35 posted on 01/30/2006 9:25:02 PM PST by Alamo-Girl
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