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Posted on 04/13/2006 2:06:14 AM PDT by SheLion
With less than two days remaining until New Jersey bans indoor smoking in public places, restaurant and bar owners discovered they are facing an unexpected restriction -- no smoking within 25 feet of a building.
In releasing 77 pages of proposed restrictions yesterday, the state Department of Health and Senior Services unveiled the "25-feet rule" that might all but snuff out plans businesses had to create outdoor areas, such as decks, where customers could smoke.
The ban, called the Smoke-Free Air Act, is scheduled to go into effect at 12:01 a.m. Saturday. The proposed restrictions are effective immediately, although they won't be finalized until September.
"This will prevent a phalanx of smokers outside the door, which is not only unsightly but unpleasant," Health Commissioner Fred M. Jacobs said of the regulation. "And it will prevent a backwash into the restaurant."
Armando Frallicciardi Jr., co-owner of Lorenzo's Cafe in Trenton and a strong opponent of the ban, called the surprise regulation "absurd." He said a number of owners, including himself, have been considering building a deck or a patio.
"This means if we build a 30-foot deck, and that is an extensive deck, we would have 5 feet where people can smoke. That is totally absurd," he said. "The state needs to work with small business on this and stop this. They have gained their objective. Now we need to have smoking outside."
In a last-ditch move to stop the ban, at least temporarily, lawyers for restaurant and bowling alley owners are scheduled to appear before Judge Stanley R. Chesler in U.S. District Court in Trenton today. They are seeking a restraining order on the grounds that the law is discriminatory because it allows smoking in the gambling areas of Atlantic City's 13 casinos. The owners maintain they will accept the ban if the casinos are included.
There has been legislation introduced in both houses to have the ban extended to the casino gaming areas.
"This new law is one of the greatest public health measures in New Jersey history," Jacobs said. Up to 62,000 adult nonsmokers in the United States, including 1,000 to 1,800 New Jersey residents, die each year from secondhand smoke, he said.
"This new law will reduce illness and premature mortality through decreased exposure to secondhand smoke," Jacobs said. "It will have tremendous long-term health benefits for future generations as fewer and fewer young people are exposed to secondhand smoke on the job."
The state is providing $200,000, and the Robert Wood foundation of Princeton another $380,000, to finance a public education campaign to alert the public and business owners about the ban. The effort will include direct mail, and print, radio and billboard ads.
New Jersey will join 10 other states that have indoor public smoking bans, including New York, Delaware and Connecticut. And England, Ireland and Italy are among a number of countries where indoor smoking is banned.
One business owner supporting the ban is Michael Zambas, owner of Clinton Station Diner in Hunterdon County. Zambas said he instated a smoking ban at the request of employees when the law cleared the Legislature on Jan. 9.
"I tell you it is the best thing I have ever done," he said. "Customers look for me and thank me. My business has not suffered at all, and my wife loves it. I go home, hang up my jacket, and it does not smell like an ashtray at all."
Jacobs said health inspectors and local police are prepared to hand out disorderly persons citations to customers or businesspeople who ignore the ban. Fines will range from $250 to $1,000.
"We are not going to be heavy-handed about this," he said. "It is the obligation of owners to remove violators. I believe people will obey the law."
Dale Florio, lobbyist for the Restaurant Association, was not as upbeat.
"April 15 is a low day in New Jersey. It is a day you pay your income tax and also lose your freedom," he said. "It is a shame it is happening on the same day."
Z'actly!
They have to knock out "smoking related illnesses" to make room for all of the homosexual related illnesses. Both are choices.... only difference is homosexual behavior is acceptable.
I'm a "courteous smoker" and am really bothered by laws trying to take away my right to smoke all the while shoving "sexual diversity" in my face.
I suppose next they'll take away my right to chose what foods I eat because of the "obesity epidemic".
Thanks for the pings! Will be back after work!
I did some reasearch on this judge yesterday and it seems as if he is pretty sensible. Hoping for the best.
Absolute idiots. They celebrate the loss of freedoms so their clothes don't smell like smoke. People in this country are waaaay too fat, dumb and happy. Fascism creeps in the form of a nanny-state.
'fraid not
http://abclocal.go.com/wabc/story?section=nj&id=4082255
A federal judge on Thursday ruled that New Jersey's ban on indoor smoking in most public places should go into effect just after midnight Saturday, ending a last-ditch bid by a group of bar and restaurant owners who wanted it delayed.
The group contended the temporary injunction was needed because their businesses will lose businesses and may lay off workers while they await the outcome of a constitutional challenge to the smoking ban.
But U.S. District Judge Stanley Chesler nixed the bid for the injunction, saying the lawsuit by the New Jersey Hospitality Industry for Fairness Coalition is unlikely to succeed.
New Jersey at 12:01 a.m. Saturday is poised to become the 11th state to halt smoking in restaurants, bars, private office buildings and other indoor places. Regulations published by the state health department this week also mandate no smoking within 25 feet of a building.
The coalition of New Jersey restaurants, bars and bowling alleys sued the state last month over the new law because it allows smoking on the casino floors of Atlantic City's 12 gambling halls.
The coalition's lawsuit says the ban violates the equal protection clause of the U.S. Constitution by singling out casinos.
The casinos contend that banning smoking in their establishments would lead to lost business, lower revenues, a drop in the state's share of casino revenues and, ultimately, lost jobs.
Libertarian ping! To be added or removed from my ping list freepmail me or post a message here.
That thought struck me immediately, too.
And he does reek of "shill."
The insanity continues unabated.
I suppose next they'll take away my right to chose what foods I eat because of the "obesity epidemic".
Well....I just saw on the local morning news...the usual bubble-headed bleached blonde announced with a smile that "New Jersey Has become the latest state to ban snoking everywhere, despite a last-minute lawsuit brought about by bar and restaurant owners, and other business in the hospitality industry."
Not one word about the casinos being exempt. Or that that was the reason the lawsuit was brought about. Not one. I'd be willing to bet that no one outside of New Jersey, other than people here, even knows that casinos are exempt.
And I remember when New York City went smoke free. The business owner's in Jersey were SO happy!! They yelled over to NYC 'HURRY TO OUR SIDE HURRY TO OUR SIDE!"
Meaning, that the New Yorkers could come to Jersey and still smoke.
NOW look at what the idiot lawmakers have done. Sickening!
Date: Fri, 14 Apr 2006 00:10:56 -0000
Subject: [ohiosmokersrights] OHIO Opponents of smoking ban offer alternative
OHIO Opponents of smoking ban offer alternative
Proposal includes list of exceptions
Source: Toledo (OH) Blade, 2006-04-08
Author: BLADE COLUMBUS BUREAU
Intro:
Seeking to stamp out a ballot question that would enact a statewide
ban on smoking in nearly all indoor public places, a coalition of
bars, restaurants, and other businesses yesterday launched plans to
put their alternative before voters.
The coalition submitted proposed language for a constitutional
amendment to Attorney General Jim Petro, a necessary step before
asking more than 320,000 registered voters to sign petitions to place
the proposed amendment on the ballot. The proposal would exempt from
the ban bars, restaurants with separate smoking areas, bowling alleys,
bingo parlors, adult establishments, racetracks, tobacco retail
establishments, specially designated smoking rooms in hotels and
nursing homes, and any private residence or facility not open to the
public.
It would also override smoking bans enacted in 21 communities in the
state, including Toledo.
"Our coalition has conducted several polls that show that when offered
a choice between a total ban and a measure that contains common-sense
exemptions, the majority of Ohioans support a reasonable smoking
policy," said Jacob Evans of the Ohio Licensed Beverage Association.
A near-total ban on smoking in enclosed public places proposed by
SmokeFreeOhio does not involve a constitutional amendment.
I'll agree 100% with that. The Grinning Idiot is the absolute worst guv EVER in this state, regardless of party affiliation. And the reason the business owners have to do this is because the worthless RHINO legislature refused to do anything other than sit with their thumbs up their ass & say 'it should go to a fair vote by the people'-along with the seven million dollars earmarked by the Nazis to sway fence-sitters.
"The Grinning Idiot"
Wow, that's the best description of him I've ever heard.
Good thing I wasn't drinking coffee. My wife's computer would be ruined.
I've called the liberal, tax-loving, elitist country club scumbag that from day one. Never voted for him, proud to say. He never had me fooled.
Happy Easter!
I don't know whether I should laugh or cry over that.............
But you reminded me - I forgot to buy Peeps to go in my daughter's Easter basket - YIKES!!!!!!!!
I thought the Peeps website was very funny.
I just sent it to a couple of friends and my two daughters as an Easter Greeting.
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