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OHIO: Angry smokers vow to fight cigarette bans
Associated Press ^ | 2-7-04 | John Seewer

Posted on 02/19/2004 11:48:22 AM PST by SheLion

Toledo bar owners find loophole to let patrons light up

TOLEDO — James Pierson sat at the corner of the bar with a cigarette in his hand and a court summons in his coat pocket.

The retired autoworker was charged about a month ago with violating the city’s ban on smoking in bars and restaurants.

That wasn’t stopping him from a beer and another cigarette.

"In reality, I’m breaking the law right now," said Pierson, 62, of Temperance, Mich. "Everybody should stand up for their rights."

Defiant smokers and tavern owners in cities where smoking has been outlawed are rising up to protest, staging "smokeins" and filing lawsuits to overturn clean-air ordinances.

"We’re trying every angle we can to get everyone on our side," said Jerry Zaspel, owner of Barb’s Westgate Inn, in Tacoma, Wash.

Driving smokers away will put him out of business, Zaspel said. "It’s not a smoking issue. It’s a survival issue," he said.

Some bar owners in Tacoma refused to put away their ashtrays before a judge threw out the ban Jan. 23. Supporters of the ordinance plan to appeal.

A husband and wife who ran a truck-stop restaurant in Tampa, Fla., wouldn’t kick out the smokers when a statewide ban on smoking began in July.

The stand won the hearts of smokers, but they lost their restaurant when the plaza’s owner evicted them in September for flouting the law.

Nonsmoking ordinances started becoming popular in the mid-1980s as grocery stores banned smoking and restaurants put in seating areas for nonsmokers.

A California law banning smoking in bars and restaurants in 1994 led to another surge in clean-air legislation.

There have been only a handful of victories for smoking-ban opponents.

City council members in Austin, Texas, overturned a ban on smoking in restaurants and bars in October after business owners said it could have a devastating economic impact.

Toledo bar owners have taken the fight against smoking bans a step further by creating a charity to take advantage of a loophole that allows smoking in private clubs and at private social functions.

"Usually it’s a very, very small minority who stands in defiance and it usually lasts about a month," said Josh Alpert, spokesman for Americans for Nonsmokers’ Rights.

"What’s happening in Toledo is probably the most creative," he said.

About 40 bar owners formed a nonprofit charity called "Taverns for Tots." They charge patrons $1 for a lifetime membership and promise to donate the fee and 1 percent of their gross receipts to children’s charities.

"It’s a very innovative, creative way of doing a charity, and yes, we can still allow smoking," said bar owner Bill Delaney. "Being innovative and creative — that’s the American way."

A federal judge has put a temporary stop to their plan and is expected to decide by the end of the month whether it can continue, but some of those trying to sidestep the ban still were allowing smoking.


TOPICS: Activism/Chapters; Culture/Society; Government; US: Ohio
KEYWORDS: addiction; andscorpions; antismokers; bans; butts; cigarettes; individualliberty; lawbreakers; lawmakers; maine; niconazis; professional; prohibitionists; pufflist; smokingbans; stinkyaddicts; taxes; tobacco; worldismyashtray
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To: SheLion
I currently clean beer taps and install soda equipment for bars in Toledo. Some of my bars have closed the rest have lost revenue. I talked to the beer drivers and sales are way down. The linen companies are lying off employees and some of my bars are going to stop selling draft beer; with means less work for me.
121 posted on 02/22/2004 7:38:57 AM PST by Total Package
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To: nicmarlo
I honestly don't understand where some of these people come from.

The Delaware smoking ban legislation actually states that one reason for the ban is to show children that smoking is socially unacceptable behavior.

Excuse me - I thought teaching my child what is and is not proper behavior was my job................ The same people telling me that I could do whatever I wanted with her (except smoke or drink) before she was born are now telling me it is not up to me what she is to be taught?????
122 posted on 02/22/2004 7:39:19 AM PST by Gabz (Smoke gnatzies: small minds buzzing in your business - SWAT'EM)
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To: SheLion
Ole Beer Breath

LOL!!!!!

Hey, we'd love to have you come visit!!!

123 posted on 02/22/2004 7:40:44 AM PST by Gabz (Smoke gnatzies: small minds buzzing in your business - SWAT'EM)
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To: Total Package
But, but, but ---- that's impossible - smoking bans are GOOD for business....... Just ask any anti-smoker.
124 posted on 02/22/2004 7:41:46 AM PST by Gabz (Smoke gnatzies: small minds buzzing in your business - SWAT'EM)
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To: SheLion
City council members in Austin, Texas, overturned a ban on smoking in restaurants and bars in October after business owners said it could have a devastating economic impact.

Funny they didn't mention the part about restaurants and bars having to pony up $300.00 per year for them to ALLOW smoking.

This is nothing short of legalized extortion and the city council needs to be hung!!


125 posted on 02/22/2004 7:44:07 AM PST by unixfox (Close the borders, problems solved!)
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To: Gabz; SheLion
What they are doing is leading down the path towards their "secret" ultimate goals, which are obviously becoming less "secret." We are into already into the 1984 scenario......which, of course, merely shows just how entrenched in communism/socialism our culture is. The frightening part about that book to our reality is its 20/20 vision, looking back at what had been an insidious takeover.
126 posted on 02/22/2004 7:47:54 AM PST by nicmarlo
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To: SheLion
Toledo bar owners have taken the fight against smoking bans a step further by creating a charity to take advantage of a loophole that allows smoking in private clubs and at private social functions.

Many years ago, Oklahoma went form being a 'dry' State (3.2 beer only) to legalizing hard liquor. Open saloons were banned. It was illegal to serve liquor by the drink, a customer had to bring his own bottle and he could be served mixed drinks from that bottle for a service fee. There was a provision that allowed private clubs to serve from a 'club' bottle (since, technically, each member of the club was the owner of the bottle). It didn't take long for bars to declare themselves private clubs and start allowing membership at the door: all you had to do was sign up, pay the daily membership fee (usually a buck or so), and you could have any mixed drinks you wanted.

This is probably a solution that would allow everyone to have most of what they want. Of course, no legal solution ever makes everyone happy; frequently everyone ends up somewhat unhappy.

127 posted on 02/22/2004 7:48:22 AM PST by templar
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To: Total Package
I currently clean beer taps and install soda equipment for bars in Toledo. Some of my bars have closed the rest have lost revenue. I talked to the beer drivers and sales are way down. The linen companies are lying off employees and some of my bars are going to stop selling draft beer; with means less work for me.

It's the "trickle down effect." I had forgotten about the delivery people and the linen companies, etc. It's affecting everyone.

Then, to make it easy, they just throw the blame on the President. Oh sure. Makes sense to me. ~not!

128 posted on 02/22/2004 7:51:09 AM PST by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
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To: Gabz
Excuse me - I thought teaching my child what is and is not proper behavior was my job................ The same people telling me that I could do whatever I wanted with her (except smoke or drink) before she was born are now telling me it is not up to me what she is to be taught?????

It's that bull chit the Clinton's started: It takes a villiage to raise a child?" Remember that?!

129 posted on 02/22/2004 7:52:23 AM PST by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
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To: Gabz
Hey, we'd love to have you come visit!!!

We'd have fun!!


130 posted on 02/22/2004 7:53:00 AM PST by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
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To: SheLion; Total Package
I hadn't forgotten about the delivery people...as they block my way into parking at work every Tuesday a.m., lol; but I hadn't thought about the linen people (or the cigarette vending machine operators), or, for that matter, distributors of sodas to the bars, or other vendors, such as snacks (lots of places either sold chips or provided pretzels, etc.) and citrus fruits for the drinks, etc. And, if there's not enough revenue, nothing "extra" will be purchased from anybody to bring into the bar.
131 posted on 02/22/2004 7:54:25 AM PST by nicmarlo
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To: nicmarlo
I have no doubt you may very well be correct.

I've been looking at it in a different way, however. I see it as a back door means to return to prohibition. These smoking bans apply to all businesses and work places, but it is only the ones with license to serve alcohol that have the added possibility of losing their license to do business for violations.

If you notice all the stories about the bans and the violations there of - the emphasis is always placed on bars and restaurants, totally ignoring the fact that all businesses are covered (except for some exemptions in some laws).

My favorite scenario is there is a coffee shop on one corner and a tavern on the other. both are flagrantly violating the smoking ban....6 months and 3 violations later the liquor license of the tavern has been pulled thus shutting him down - but the business of the coffee shop continues to boom so the owneer doesn't mind the increasing fines for violations.
132 posted on 02/22/2004 7:58:38 AM PST by Gabz (Smoke gnatzies: small minds buzzing in your business - SWAT'EM)
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To: SheLion
It's that bull chit the Clinton's started: It takes a villiage to raise a child?" Remember that?!

I choose to try and forget that.

All kidding aside, I do not believe it is up to the state legislature to determine what should be socially acceptable when it comes to such things as personal responsibility and non-harmful behavior.

I wear my seatbelt - because I choose to, not because the state says I should. My husband wears his because the state says he must. It's pretty hard to explain to a bright child why she has to be strapped into the dreaded car seat when daddy is not strapped in, but mommy is.

My 5 year old perfectly understands there are things that grown ups do that are not for children to do.........and that extends beyond the obvious discussion here of alcohol and tobacco. Everyday things like power tools, lighting a fire in the woodstove, the lawn tractor, driving a car, even voting.

I just can't make her understand that when she is old enough to vote she will not be able to vote for President Bush..............

133 posted on 02/22/2004 8:09:54 AM PST by Gabz (Smoke gnatzies: small minds buzzing in your business - SWAT'EM)
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To: SheLion
We'd have a blast!!!!!
134 posted on 02/22/2004 8:11:27 AM PST by Gabz (Smoke gnatzies: small minds buzzing in your business - SWAT'EM)
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To: Gabz; nicmarlo
So for all you non-smokers that don't like the way tobacco smoke smells, but agree these laws, ordinances and regulations have gone to far....I say a heartfelt thank you.

You're welcome. And thank you.

I've already called it a truce (although I was never angry to begin with), but I make it a practice to stay away from people who'd rather call me names than discuss the issues.

I've clearly found one of those people on this thread, so I won't be back........ I DO appreciate your understanding of the issue, however, so thanks again.

135 posted on 02/22/2004 10:26:39 AM PST by ohioWfan (BUSH 2004 - Leadership, Integrity, Morality)
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To: nicmarlo
Thanks for your support of the truth of what I was doing here, nic.

I don't know that it will do much good, but I do appreciate your vote of confidence.

Apparently she doesn't WANT me on her side. So be it. I'll leave her alone.

136 posted on 02/22/2004 10:34:41 AM PST by ohioWfan (BUSH 2004 - Leadership, Integrity, Morality)
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To: SheLion
So much nicotine, so few non-dependent opinions, just Nico talking....that's why people go "huh?" who try to support you....a part of you screams out "Get me off this drug!"

I wish the surgeon general would ban tobacco as he has talked about wanting to do. It is poisonous product.
137 posted on 02/22/2004 8:59:47 PM PST by at bay (no deals, Jacquelyn, only choice of lobster, steak or chicken for last dinner party of one)
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To: SheLion
Wow, with all that experience I would expect you to have a more clear grasp of things. Specifically you stated:

You may not smoke, but you still stink!

Right out of the gate, you insult me. Not exactly proper manners from someone with sooo much knowledge and experience on the Internet.

Why you felt compelled to ping me with this remark is beyond me.

You posted the original article. Often times people use the original post to post their follow up opinions and/or responses. But I would have thought you understood that basic concept.

Keep your nasty opinions to yourself, please.

This one was good and truly indicative of the fact that you totally failed to grasp the meaning of what I stated. I was agreeing with you, that smoking should not be banned.

By the way, cigarettes do stink, so do diesel and other exhaust fumes. I do also believe that all people who smoke would benefit immediately from quiring. But inside you know that as well.

What I do not believe is in the power of the government to dictate personal choices to people.

138 posted on 02/22/2004 10:31:48 PM PST by Michael.SF. (We found Saddam faster then Hillary found the Rose Law firms billing records.)
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To: nicmarlo
Your welcome. I am glad you understood the point I was making. It seems some did not get past the first sentence.
139 posted on 02/22/2004 10:33:37 PM PST by Michael.SF. (We found Saddam faster then Hillary found the Rose Law firms billing records.)
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To: Michael.SF.
Right out of the gate, you insult me. Not exactly proper manners from someone with sooo much knowledge and experience on the Internet.

You insulted me first, with that stink comment.  I don't have to justify myself with you.  But I do refuse to be stereotyped just because I smoke. 

By the way, cigarettes do stink, so do diesel and other exhaust fumes. I do also believe that all people who smoke would benefit immediately from quiring. But inside you know that as well.

At least I am not obese. I'd rather smoke then eat myself into a cream puff.

What I do not believe is in the power of the government to dictate personal choices to people.

And that is what we are trying hard to do............let the general public realize what is going on with the bans and the control and the restrictions put upon smokers and business owners for using a legal product.


140 posted on 02/23/2004 5:53:55 AM PST by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
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