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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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1 posted on 02/19/2004 11:48:25 AM PST by SheLion
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To: *puff_list; Just another Joe; Great Dane; Max McGarrity; Madame Dufarge; MeeknMing; steve50; ...
It's about time! The time is now!
2 posted on 02/19/2004 11:49:07 AM PST by SheLion (Curiosity killed the cat BUT satisfaction brought her back!!!)
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To: SheLion
I believe the Ohio Supreme Court ruled that Health Departments were over-reaching thier authority and had no jurisdiction to ban smoking.

What's the deal with enforcement here? I don't see it.
3 posted on 02/19/2004 11:53:21 AM PST by mabelkitty
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To: SheLion
THEY SHOULD!

In Fact, there should be a Nation-Wide Class Action Law Suit - SMokers are being discriminated againts and being forced in to second-class citizen status for a LEGAL activity.

YET: Look at what the homosexuals are doing in California!

They are Breaking the Law in an act of "Civil Disobediance" liberlas pay no attention to law, except the ones they "feel" need changing.

It's time to fight fire with fire.

4 posted on 02/19/2004 11:53:45 AM PST by Iron Matron (Give me time, I'll think of something)
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To: SheLion
You must be one of those evil smokers that infringe upon my right to clean air. This is propoganda being spewed by those activist bar and tavern owners. The fact is that the bans have been good for business in Toledo!

signed,
smoke gnatzie

I gotta go have a cig after typing that filth!
5 posted on 02/19/2004 11:54:56 AM PST by CSM (My Senator is so stupid he'd have to get naked to count to 21 and my Governor wouldn't be able to!)
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To: Iron Matron
Furthermore, smoking is just about as close to being involuntary, as gaydom is.
6 posted on 02/19/2004 11:55:36 AM PST by Chris Talk (What Earth now is, Mars once was. What Mars now is, Earth will become.)
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To: SheLion
"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.

BRAVO SIERRA..................

The only reason it appears that way is alpert and his crazies have a lock on the lamestream media..........it's happening all over the country in a major way, but no one wants to admit these bans are not wanted, they are based on lies, and the lying liars who spin things there own way.

7 posted on 02/19/2004 11:56:24 AM PST by Gabz (Smoke gnatzies: small minds buzzing in your business - SWAT'EM)
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To: SheLion
Go Baby! Go Go GO!!! Overwhelm the courts, the legislature, and the offices of your senators and representatives! Don't Let Up!
8 posted on 02/19/2004 11:57:58 AM PST by theDentist (Boston: So much Liberty, you can buy a Politician already owned by someone else.)
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To: SheLion
Until each and every smoker stands up for his/her rights, we'll continue to be demonized and legislated against. Until each and every smoker/property owner stands up against the city councils, and the nanny-staters, there isn't much hope.

As long as smokers are defensive, they have us on the run. I'm out of it. I barely ever have a cigarette, only now and then, and I can live just fine without them. I hate smokenazis and regulations that nobody votes on, that just somehow come to be...I hate bad science politicized because somebody thinks their lungs would be so pure, if ONLY the eeeeeeevvvviiiiillll smokers were forced to give up the nasty habit.

And I commend you, SheLion, for all that you do posting and pinging.

But I have NO confidence in people's willingness to stand up for their rights, NO confidence in smokers standing united to stop this crap, and NO confidence that I will ever see an end to it. When they run out of cigarette tax money to spend on their frikken social engineering, they'll just tax twinkies. And NOBODY will raise a finger. NOBODY.


9 posted on 02/19/2004 12:00:15 PM PST by Judith Anne (Send a message to the Democrat traitors--ROCKEFELLER MUST RESIGN!)
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To: SheLion
I guess I'm a little discouraged.
10 posted on 02/19/2004 12:01:41 PM PST by Judith Anne (Send a message to the Democrat traitors--ROCKEFELLER MUST RESIGN!)
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To: CSM
"The fact is that the bans have been good for business in Toledo!"

I don't believe you. Why would the land of Jamie Farr be any different than the rest of the nation? It has been reported all over the country that restaurants are losing business. I have never seen a report where business increased. Produce the evidence.

11 posted on 02/19/2004 12:02:07 PM PST by AGreatPer (Current odds on Hillary being drafted at the convention: 3-1)
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To: theDentist
Go Baby! Go Go GO!!! Overwhelm the courts, the legislature, and the offices of your senators and representatives! Don't Let Up


THis Can Not POSSIBLY be said enough.

It is TIME to FIGHT!

Not just about the smiking thing either. If liberals keep shoving k*ap down our throats - we need to sart SHOVING BACK!

Even if it does not make the "news" the LAWSUITS can still be filed!
12 posted on 02/19/2004 12:02:22 PM PST by Iron Matron (Give me time, I'll think of something)
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To: theDentist
Go Baby! Go Go GO!!! Overwhelm the courts, the legislature, and the offices of your senators and representatives! Don't Let Up


THis Can Not POSSIBLY be said enough.

It is TIME to FIGHT!

Not just about the smiking thing either. If liberals keep shoving k*ap down our throats - we need to sart SHOVING BACK!

Even if it does not make the "news" the LAWSUITS can still be filed!

Sorry about the double post. Wanted to try out my new tag line.
13 posted on 02/19/2004 12:03:52 PM PST by Iron Matron (Civil Disobediance? It's not just for liberals anymore! FIGHT FOR FREEDOM!)
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To: SheLion
"Usually it’s a very, very small minority who stands in defiance and it usually lasts about a month"

Said King George over 200 years ago.

14 posted on 02/19/2004 12:04:55 PM PST by TheBigB ("Flash, don't heckle the super-villain!" (John "Green Lantern" Stewart))
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To: SheLion
I just stopped smoking 2 weeks 1 day. I hope I don't become one of those whinny, loud mouthed, EX-smokers who know what is best for you better than you do.

Business owners should make the decision themselves. Ex-smokers fry my nerves and non smokers can stay home if they don't like places where people smoke.

I am biased because I need smokers around to remind me of the good old days when I didn't care.
15 posted on 02/19/2004 12:05:33 PM PST by GottaLuvAkitas1
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To: SheLion
There is already nothing to do in Toledo. Now they want to ban smoking in bars too. Insanity.
16 posted on 02/19/2004 12:07:17 PM PST by NeoCaveman (New and improved is typically neither!)
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To: Chris Talk
Choosing to light up a cigarette, and choosing to put your penis in another mans butt is involuntary?
17 posted on 02/19/2004 12:07:29 PM PST by Guillermo (It's tough being a Miami Dolphins fan)
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To: Guillermo
Read my post, my post is poking fun at the idea that either of those is genetic or INvoluntary, ...

thus making the point that they represent conduct which IS voluntary, and can be avoided by anyone who wishes.
18 posted on 02/19/2004 12:12:20 PM PST by Chris Talk (What Earth now is, Mars once was. What Mars now is, Earth will become.)
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To: SheLion
It amazes me to see the things that get people to take a stand. Our country is slowly turning toward communism as our constitutional rights are being taken away. Throw God out of public life..OK. Teach our kids the safe way to fist f*** in public schools...why not? Indict cops and take away their rights, but protect the criminal and let him go free...sounds great! But God forbid you try to put out someone's cigarette. Why then you've gone to far my friend! The Romans were right. Give the slumbering masses circus and bread (or cigarettes) and you can do anything you want to them.
19 posted on 02/19/2004 12:26:49 PM PST by EAGLE7 (Life can be a drag)
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To: AGreatPer
Either I missed your sarcasm or you missed out on mine. I signed the post accordingly. If you frequent these threads as a lurker, you will recognize that the post is the total opposit of where I stand. I know SheLion recognized the sarcasm.
20 posted on 02/19/2004 12:32:48 PM PST by CSM (My Senator is so stupid he'd have to get naked to count to 21 and my Governor wouldn't be able to!)
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