OHIO: Angry smokers vow to fight cigarette bans

Associated Press ^ | 2-7-04 | John Seewer

[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.

[Marie]

Twelve years ago I quit smoking and managed to stay quit for four years. I DID become a very nasty ex-smoker who sniffed and coughed and "eeeewed" every time a friend had a smoke.

As hubby always says, "what goes around, comes around" and here I sit, addicted... again. And it's much harder to fight than it was last time. Take my word for it, stay humble!

[Marie]

People who are drawn to nicotine are AGRESSIVE and quick to anger.

Here are my bumper sticker suggestions:

WARNING: TELLING SMOKERS "You know, you really should quit," IS HAZARDOUS TO YOUR HEALTH.

I CAN STILL OPERATE A CAR WITHOUT KILLING ANYONE AFTER I HAVE A CIGARETTE.

Have a cigarette! Support your local tax thieves!

I SMOKE. YOU TAKE PROZAZ. WHICH ONE OF US HAS MEDICAL DOCUMENTATION THAT THEY HAVE A MENTAL ILLNESS?

I SMOKE. YOU TAKE PROZAC. IN SOME STATES IT'S ILLEGAL FOR YOU TO BUY A GUN. I STILL CAN. Think about it.

IF THEY TAKE MY CIGARETTES THEN THEY WILL TAKE YOUR SUGAR.

IT'S NOT ABOUT CIGARETTES, IT'S ABOUT LIBERTY. IT'S ABOUT CHOICE.

NOBODY HAS EVER BEEN IN AN ACCIDENT FROM "SMOKING AND DRIVING".

I'M SURE YOU HAVE BETTER THINGS TO DO THAN BITCH AT A SMOKER. (If you don't, might I make a few suggestions?)

SMOKING MIGHT KILL ME. POINTING THAT OUT WILL SURELY KILL YOU.

IF YOU AVIOD CIGARETTES, DRINK MODERATELY, EXERCISE REGULARLY, ONLY HAVE SAFE SEX, EAT WELL AND ALWAYS WEAR YOUR SEAT BELT YOU'RE GOING TO DIE ANYWAY. GET OVER IT.

I'LL DIE IF I DON'T QUIT SMOKING? WELL, OTHERS WILL DIE IF I DO.

THE ONLY THING THAT KEEPS ME FROM RIPPING APPART RUDE, BUSYBODY PEOPLE WHO WOULD CRITISIZE A STRANGER FOR BUYING A PACK OF CIGARETTES IS A NICE, RELAXING SMOKE.

WARNING: DON'T SAY ANYTHING ABOUT MY CIGARETTES IF YOU ARE MORE THAN 10 POUNDS OVERWEIGHT.

OH! IS MY SMOKE BOTHERING YOU? WELL, YOUR PERFUME IS GAGGING ME.

I REALLY WANT TO QUIT SMOKING, BUT I JUST CAN'T BRING MYSELF TO DO IT, KNOWING HOW IT P@SSES YOU OFF SO MUCH.

I CAN'T SMOKE IN YOUR BUSINESS? THEN YOU CAN'T HAVE MY MONEY.

A LIBERAL'S COMPASSION: "Smoking is terribly addictive and often causes cancer? ALRIGHT! WE GOT 'EM BY THE B@LLS! LET'S TAX THE SH$T OUT OF 'EM!?

DYING EXSMOKER: I became addicted to cigarettes as a child. Now I'm dying a horrible, painful death. LIBERAL JUDGE: That's just terrible! Let's take money from the Tobacco Industry and do everything with it BUT help smokers quit and pay for their medical care!! (aside) *here's the money you wanted for AIDS research, john*

SMOKING RELATED DEATHS ARE PREVENTABLE. SO IS AIDS. PICK YOUR BATTLES.

If I stop buying cigarettes you will find yourself gladly buying them for me.

[SheLion]

In Ohio, are Republicans, or Democrats, doing this? (enacting smoking bans)

How much do you know about smoking bans across the United States? There is a very long story behind the bans and how they started.

[CSM]

"Some are simply born that way, some devlop into it through external factors, others choose it."

I don't believe the "born that way" argument is true at all. If it were true, the genes would be extinct by now. The inability to reproduce would have caused self extinction. The actions being taken now are the equivelant of putting homosexuals on the protected species list! The enviro libs love adding bugs and mold to that list.

[CSM]

No problem, since you came down on the right side of the issue I accepted your post. Actually, mine was an invitation for just such a response.

[CSM]

Did the doc also ask about guns in the home?

[at bay]

"NOBODY HAS EVER BEEN IN AN ACCIDENT FROM "SMOKING AND DRIVING"."

Actually completely false. That's why non-smokers can get better rates. With a lit fire stick in your mouth, all you have to do is drop it on your seat to watch the fun start.

"Oh, the injustice of it all!" If only chimney people had lives...If I force my cat to smoke, will I be arrested for animal cruelty? Undoubtedly.

[at bay]

"I saw them come for the smokers, and I was silent. Then they came for the tobacco chewers and I remained silent. Then they came for the tobacco snuff users and still I said nothing.

When they came for me, the lollipop user, there were no obnoxious smokers to insult me and I shared a lollipop with the kids."

[Marie]

We don't pay higher rates for our CAR INSURANCE, you dolt. My point is that smoking a cigarette doesn't impair a smoker's reflexes or ability to operate machinery. Not like drinking or drugs. Smoking while driving is about as dangerous as eating while driving. Probably less because we can still use both hands.

And if you think that smokers should have higher rates for smoking and driving, then so should anyone who eats a sandwich at the wheel, people with distracting babies in the back seat, people who operate a radio while the vehicle is in motion, etc. And what about smokers who never smoke in the car? Should their rates go up based on what they might do? Then so should the rates of people who admit to drinking. They MIGHT drink and drive... we really can't risk it.

[Marie]

Did the doc also ask about guns in the home?

Nope, just wanted to know if there were evil cigarettes around. If they ever do ask about guns, I'm ready for 'em.

"As my child is not here for a gunshot wound, I find your question invasive and offensive. It really is none of your business whether or not my family chooses to exercise our second ammendment rights. I refuse to answer on the grounds that the question is an invasion of our privacy."

It's interesting that they aren't interested to know if any of us are HIV positive.

[Marie]

If I force my cat to smoke, will I be arrested for animal cruelty.And if you did to your cat what you do to your partner, you be arrested. Maybe you should stop that behavior as well.

[Marie]

</I>Italians OFF.

[E Rocc]

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.

The best approach here would have been to have the employees, customers, patrons, and sympathizers boycott every business in the plaza (and any others owned by the owner) and make it clear why.

A smoking ban around here would go over about as well as Prohibition did, and be enforced about as well.

-Eric

[Mears]

Thanks for your Ireland info.

The last time I was in Dublin(1997),I was astonished at how crowded and chaotic it is at night over there,and I can't imagine what it will be like once the pubs become smoke-free.

I don't know if drinking outdoors is legal in Dublin,but I saw a lot of it outside of the pubs,and the place will become just one big outdoor barroom if they can't smoke inside.

[Iron Matron]

I loved all your bumper sticker ideas. Are they copyrighted anywhere?


The villification of smokers has led to

1. job discrimination - I know employers that wont hire a smoker - even if the smoker does not smoke at work.

2. Public ridicule - smokers are forced to backrooms or outside on the street - a lot like they used to treat the negro population

3. Lierals tell children in our schools that tobacco is a drug - without defining the differance between something like cocain and tobacco (I actually had one of my friends children (about 7 years old) tell ME (ME! AN ADULT!) - that I was "using drugs" Now, couldn't something like that be misunderstood if a cop happened by?

If I pay to buidl government buildings, I should have a place to smoke in them!

[Iron Matron]

If they don't like the law, they just ignore it! So.... why can't a smoker do the same?


So long as they have a class action lawsuit in the works during their civil disobediance, I dont see why not!

[GYPSY286]

I'll help - I'm a smoker in Pittsburgh and I know that ban is going to find it's way here. I don't know HOW I can help but I will.

[Iron Matron]

There is a group in Texas and the guy who started it is pretty vocal and pretty savvy. She Lion - can you help me out here. Do you have the URL for Dave Pickrell's Smokers Fighting Discrimination? If so, could you post it - I can't fid it in my folders.


That's great! I'm in Texas! I'll be looking for URL

[Iron Matron]

won't visit any country that prohibits smoking

I dont visit any restaurant that bars smoking. I'm a good cook anyway!

[Iron Matron]

In Ohio, are Republicans, or Democrats, doing this?


I dont know about in Ohio, but I do know that Republicans and Democrats both indulge in this unconstitutional behavior.