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 citys ban on smoking in bars and restaurants.
That wasnt stopping him from a beer and another cigarette.
"In reality, Im 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.
"Were trying every angle we can to get everyone on our side," said Jerry Zaspel, owner of Barbs Westgate Inn, in Tacoma, Wash.
Driving smokers away will put him out of business, Zaspel said. "Its not a smoking issue. Its 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., wouldnt 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 plazas 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 its 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.
"Whats 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 childrens charities.
"Its 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 thats 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.
I checked your profile page to find out where you are - so that I could direct you to the right place.........
I haven't forgotten - it was just that a couple of things came up and I needed to attend to them.
don't you just hate when reality gets in the way of real life????
As I said, there were no more obnoxious smokers to insult me......say Hi to Smokey the Bear for me. What percentage of forest fires are started by careless dolts who do their imitation of a chimney out in the woods?
I as a patron can then decide which establishments I want to frequent.
Exactly how I feel, Michael.
The owners should have the right to choose if they allow smoking, and I then, have the right to choose whether or not to breathe clean air, and not stink.
You may not smoke, but you still stink!
Why you felt compelled to ping me with this remark is beyond me. Keep your nasty opinions to yourself, please.
I hate smoke and I hate the way it makes ME smell, but I AGREE that you shouldn't have your right to smoke in a bar taken away (that's why I included your name in my post).
You have two non-smokers on your side here. If the fact that cigarette smoke smells bad bothers you, that's unfortunate. But it does, and I have the right to say it, while defending your rights.
lol
Apparently you have totally missed the point of what I have stated. You also lack a basic understanding of the entire process of communication regarding posting to boards of this type. I would suggest that you gain a working knowledge of this, After you do, then I would be happy to have a discussion with you.
I appreciate having "two" defend the rights of business owners to have the say over smoking sections and no smoking at all, but that little dig you just had to throw in there turned me off.
You ever smell anyone who works 8 hours in a slaugherhouse or even 8 hours a day making tires? You know......smell is in the nose of the beholder. Not all of us think that cigarettes create a stink.
Your attitude stinks. heh!
nicmarlo, why do you think you stink from smoking? Did you always think that way, or was it AFTER the anti-smokers started that stink business that they wanted to associate with smoking?
Guaranteed, if a smoker doesn't have good hygiene, (taking baths, washing hair, brushing teeth), then for sure, that person is going to stink. Anyone will stink after a few days of not keeping up with their hygiene.
To me, there is nothing better then the mix of after shave and a whiff of tobacco coming from a clean smelling man.
What?? I have been a member longer then you at Free Republic my friend.
I also have my own chat rooms, etc., at another site since 1994. Which is not related to property rights and the smoking issue.
I also have been selling at a big auction house online for over 6 years.
How long have YOU been on the Internet?
Now I know that you don't want non-smoking allies in this political fight. That significantly lessens your argument, you know. You apparently just want to gripe to your friends, and not argue and defend your cause.
btw, when I was a kid.........WAY before any smoking bans, and I went bowling, I had to put hang my coat outside, and put my clothes in the wash right away because of the smell. Cigarette smoke smells bad unless your olfactory nerves have been damaged.
And it is YOU who need the attitude adjustment, MS Lion.
Have a good day, and while you're at it, give up the cigarettes and live a healthier, longer life.....
I sure don't know what your problem is with me, but I am beginning to think it's personal.
I'm not going to get into a whizzing contest in here with you.
Well, I, too, don't like the smoke coming back into my face. And I crack the window a bit in the vehicle when I drive. And I push ashtrays away when I sit and eat. Sure, old stale cigarette butts aren't all that appealing. But a lover of fish has to admit as well, that a fish 3 days old is going to stink. heh! :)
I still believe that a person with good hygiene isn't going to "stink."
Oh yes, I used to go into a bar in the morning and the odor of stale beer and ashtrays was very pungent. But that was before we had the big air cleaners. They really make a difference.
What percentage of the American people smoke? Less than 25??
And I came on this thread saying that EVEN THOUGH I don't like cigarette smoke, I agree that smoking should not be banned in bars, and you have made it very clear that you don't want my support. There was nothing personal in what I said at all.....you obviously took it personally because of your hyper sensitivity on this issue.
Well, I say fine. Fight this fight with the small minority of smokers, and alienate those of us who don't. You'll lose.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.