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CO: Ban Damage: CO And now, the roofs begin tumbling down
United Pro Smoker's Newsletter ^ | July 26, 2006 | Bill Johnson

Posted on 07/31/2006 5:15:29 AM PDT by SheLion

The issue is no longer just about smoking.

Passing a state law outlawing smoking in most public places was, by this comparison, the easiest thing to do.

The law was not required to address the inevitable hardships such a bill was destined to inflict.

There was clapping and backslapping on the floor of the state Senate the afternoon it passed there. But none of that really matters now, when the issue is one of how it impacts people's lives.

They are men and women who once ran tiny, yet prosperous, packed-to- the-kegs establishments, who now tend mostly empty bars. The looks on their faces would be no different had their roofs actually fallen in.

They call me. What am I supposed to do, I ask? Write about it, they respond.

What has happened is a statewide tragedy, sponsored by the government. And where are all of the people, they all want to know, that the government promised would flock to their now-smoke-free bars?

The loudest of them, of course, has been Jim VonFeldt, owner of the venerable Billy's Inn at 44th Avenue and Lowell Boulevard.

In the weeks between the governor's signing of the bill and July 1, when the law went into effect, he rallied a relatively small band of tavern owners to challenge the law in court.

A judge denied their sought-after injunction. The litigation itself remains pending in the courts.

Jim VonFeldt has just returned to Billy's from his banker when he calls me, yet again.

He has owned the place for 21 years; his wife's family owned it for nearly 20 years before that. His two grown children are his only employees.

And now, he wants to talk.

It is just after 1 p.m. when I walk into the joint. The only sound emanates from a television in the corner, droning a detective show. Only bearded, vacant-eyed Jay, who has occupied the same far-corner barstool for decades, inhabits the place.

Jim VonFeldt walks up from the back, carrying a large stack of documents. He begins reading from them.

Total business is off 35.14 percent since July 1, he begins. Liquor sales, jukebox, cigarette, vending and Lotto scratch-off machine receipts have declined in 23 short days by at least half.

"That video golf game used to average $75 to $100 a week. The last two weeks, the vendor and I split the 6 bucks that were in it," Jim VonFeldt says.

"Where are all these people the government told me would make my life better? My most loyal customers come, but maybe they have a drink. Most have just stopped coming altogether."

As leader of the Coalition for Equal Rights, the tavern owners' group, he gets calls every day, he says. Three come in as we chat, including one from the lawyer representing the group.

"This is simply crippling," he moans into the phone to the lawyer. Hanging up, he beseeches me to look at the blue folder in front of him. It is filled with his complete financial records, the same ones he has just handed his banker at Chase to leverage his house to the hilt in order to pay his bills. I decline.

So he hands me his state workers compensation bill.

"I don't have the money. All of my cash flow has been depleted," Jim VonFeldt said. "And if I don't have workers comp, I can be fined up to $17,000. I don't know what I am going to do."

To emphasize his point, he walks me to the automatic teller machine I had used a month before.

A large "out of order" sign now lies across the keyboard.

"I don't have enough $20 bills to put in it," he says.

He reads from a stack of notes taken during myriad recent conversations with Coalition members, of patrons saying they are going outside for a smoke but never come back, of fights the bartenders inside can no longer break up, of thieves cleaning out cash registers when bartenders themselves sneak out for a drag or two.

Many owners, Jim VonFeldt says, are doing what he did two days ago: writing Bill Owens and begging for an exemption to the law.

"The ban has decimated my business," his letter to the governor begins. "I am one or two weeks away from bankruptcy.

"If I lose this, so goes my whole family. Please grant this exemption for my family."

The last sentence he has typed in large bold letters.

While he waits to hear back from the governor, he fumes.

"We've got young men now fighting all over the world for what they tell us is for democracy and freedom," Jim VonFeldt, 60, said.

"Yet our own government is taking away my freedom to operate my business right here at home. It's just not right."

He sighs.

"At a time when I should be planning for retirement and the good things in life, the only thing I'm planning is how to survive. If I fail - and this worries me the most - I fail my children.

"I don't know what I am going to do."


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

The sad thing about all this is, the government shouldn't have any say in how someone runs their business.

But,I'm sure any minute now, some little nanny-statist will give us a reason as to why they should.


61 posted on 07/31/2006 7:31:16 AM PDT by 383rr (Those who choose security over liberty deserve neither- GUN CONTROL=SLAVERY)
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To: Raycpa
If the measurement of what we should and should not ban is to be based on cost amd income equations, shouldm't we base it on all of the costs?

And the measurement of what we should, and should not, ban, as far as tobacco goes, is junk science, lies, and the amount of money that can be scammed from different organizations with agendas?
What now, Ray?
What happens when that's the measurement for all other bans, Ray?

62 posted on 07/31/2006 7:34:15 AM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: Raycpa
Just like the premise of the story. I highlighted it by using example.

...thereby compounding the fallacy by arguing from specific to general.

63 posted on 07/31/2006 7:34:47 AM PDT by HIDEK6
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To: SheLion
Smoking Bans are crippling the economy!

Oh please. Smokey bars don't even make a flyspeck in the GDP.

64 posted on 07/31/2006 7:35:07 AM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: SheLion
Total business is off 35.14 percent since July 1, he begins. Liquor sales, jukebox, cigarette, vending and Lotto scratch-off machine receipts have declined in 23 short days by at least half.

If he wants his old customers back he can go into business selling oxygen tanks to people with COPD.

65 posted on 07/31/2006 7:38:24 AM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: Just another Joe
And the measurement of what we should, and should not, ban, as far as tobacco goes, is junk science, lies, and the amount of money that can be scammed from different organizations with agendas?

You are right and it scares me. They are getting support because no one likes to eat around smokers. Once the precedent is set it will be hard to reverse. All because smokers can't either control themselves while in restaurant or because they could care less the effects they have on others.

66 posted on 07/31/2006 7:39:19 AM PDT by Raycpa
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To: Raycpa
But unless the smokers get a fresh face lift by volunteeringly being more considerate the bans are going to continue.

What a sad pointless argument. I can't recall the last time I've seen anything other than politeness from smokers, in any situation. Maybe smokers just like being rude to you for some reason? I can't imagine why.

67 posted on 07/31/2006 7:45:45 AM PDT by Ramius (Buy blades for war fighters: freeper.the-hobbit-hole.net --> 1400 knives and counting!)
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To: Ramius

Your response proves that smokers are unaware of the reasons these bans get support. smokers are mostly clueless when it comes to the effect they have on their surroundings.


68 posted on 07/31/2006 7:50:44 AM PDT by Raycpa
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To: Raycpa

Actually, in this case, my argument against this ban is the unconstitutionality of the law as written. The fact that it exempts certain (tax revenue generating) businesses like casinos is a clear violation of the equal protection clause of the constitution. That's how the re-re-re-recount in Florida was halted in 2000: They only wanted to recount the DEM counties, and not the whole state.


69 posted on 07/31/2006 7:50:58 AM PDT by RandallFlagg (Roll your own cigarettes! You'll save $$$ and smoke less!(Magnetic bumper stickers-click my name)
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To: kaylar
I'm a nonsmoker, but sometimes the urge to take up smoking becomes will-nigh irresistable.

Smoking Bans Cause bloody-minded Americans To Take Up SMOKING!

Good one.

70 posted on 07/31/2006 7:55:04 AM PDT by ichabod1 (I have to take a shower.)
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To: IamConservative

Alcohol also tempts people to smoke something terrible. How many people do you know who only smoke when they drink?


71 posted on 07/31/2006 7:56:06 AM PDT by ichabod1 (I have to take a shower.)
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To: Raycpa
All because smokers can't either control themselves while in restaurant or because they could care less the effects they have on others.

And since when is anyone ~forced~ to go eat at a restaurant that allows smoking?

Stay home or make it a point to only patronize restaurants that have a no-smoking policy. Vote with your feet instead of trying to dictate to others what ~you~ believe is best for them.

Smokers shouldn't need permission from the government or Citizen Busybody to indulge in a perfectly legal product. And property owners should make their own decisions about whether they want to allow smoking in their businesses or not.

And if you actually believe that a whiff of smoke from a cigarette across a restaurant is going to hurt you, I don't know what to tell you. That's just plain silly.

72 posted on 07/31/2006 7:56:08 AM PDT by RMDupree (HHD: Join the Hobbit Hole Troop Support - http://freeper.the-hobbit-hole.net/)
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To: JimRed

There's just something about smoking and drinking. They go together like peanut butter and jelly for a lot of people.


73 posted on 07/31/2006 7:57:17 AM PDT by ichabod1 (I have to take a shower.)
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To: Miss Marple
>>smoking was OK in public for 100 years>>>>

With all due respect Miss M, that is the smokers disconnect. It was Ok with the smokers for 100 years, the non smoker weren't saying anything and now we are.
74 posted on 07/31/2006 7:58:37 AM PDT by Ditter
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To: Raycpa
You are right and it scares me.

But it doesn't scare you enough to come and fight on our side?
Your agenda is still showing, Ray.

75 posted on 07/31/2006 8:00:00 AM PDT by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: RMDupree
I agree, but your arguments are not selling to the general public. They are willing to trade more government control for a smoke free restaurant. That is a fact. It is also a fact that your arguments are falling on deaf ears.

If you want to change the current environment, the only thing I can see to change it is to get the masses back on your side. The only way I see to get them back on your side is to reduce their exposure to current smoke and get them to believe smokers are doing everything possible to reduce that exposure.

76 posted on 07/31/2006 8:01:12 AM PDT by Raycpa
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To: conservativeharleyguy

There have been a lot of places that required bar owners to get the air scrubbers, and after they invested 10k or so to do it, they changed the law and made it no smoking at all, so the owners were out the cost of the equipment.


77 posted on 07/31/2006 8:01:47 AM PDT by ichabod1 (I have to take a shower.)
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To: Raycpa

I just don't believe that you even come in contact with smokers, rude, polite or otherwise. You talk about restaurants, as if there is any such thing as smoking in restaurants anymore. I doubt you've ever been a "regular" at any place that allowed smoking.

Smarmy little man in-your-face attitudes though, do tend to get under people's skin. So the last time you were in a bar thirty or so years ago you may indeed have gotten smoke blown in your face. I'm sorry about that, but it probably wasn't me.


78 posted on 07/31/2006 8:02:39 AM PDT by Ramius (Buy blades for war fighters: freeper.the-hobbit-hole.net --> 1400 knives and counting!)
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To: Just another Joe

Sure, direct me to the next rally. I can't seem to find one in my area. Also, give me tools to win with. I hate taking up lost causes.


79 posted on 07/31/2006 8:02:44 AM PDT by Raycpa
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To: Ditter
the non smoker weren't saying anything and now we are.

Only the one's that advocate fascist laws.
80 posted on 07/31/2006 8:03:36 AM PDT by smug (Tanstaafl)
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