Posted on 06/14/2004 2:53:48 PM PDT by NorCoGOP
A Texas man who owns the Cactus Canyon nightclub in Greeley is hoping voters might rethink a smoking ban that is sucking away his business.
Cactus Canyon owner Keith Lawyer is preparing for a petition drive to change Greeley's smoking ban.
Lawyer still needs to work out some of the details, but he said the general idea is to ask voters to permit smoking in places that don't allow minors, such as nightclubs and bars.
But getting that kind of question on the November ballot will take some quick work: City Clerk Betsy Holder said Lawyer will need to gather 1,428 signatures of Greeley voters within a few weeks.
The deadline is so tight because Holder is legally bound to perform a number of tasks and meet several deadlines before the smoking question is eligible for ballot certification in September, she said.
Lawyer did not speculate on when he expects to start collecting signatures but the controversial nature of Greeley's smoking ban almost guarantees he will make some instant friends as well as enemies.
Several owners of Greeley bars and restaurants that used to be smokers' hangouts say their customer traffic slowed significantly after the ban went into effect last December.
Those claims appear to be backed by internal finance department surveys, which show that sales at several businesses that used to cater to smokers has declined compared to last year, when smoking was still legal.
At least two of those formerly smoky businesses -- The Beetle Beanery and the Union Colony Brewery -- are closing down.
Lawyer is unsure whether the bar owners who are still in business will join his fight because they may already be battle-worn. Business owners have had no success in convincing the city council to alter the smoking ordinance or grant them exceptions.
"I may be the Lone Ranger on this," Lawyer said.
The proposed ballot question is one of two ways that Lawyer is fighting back. He also filed a lawsuit challenging the smoking ban in federal court. The case is still active but is moving sluggishly.
Greeley antismoking activist Frank Fronek, who helped pass the smoking ordinance, said he doubts that voters will agree to change the law they passed by a sizable majority.
"Fifty-nine percent of voters passed it," Fronek said. "And I don't know how they are going to get that many people to bounce it back." Fronek said.
If Pueblo is a case study in voter sentiment about changes to strict smoking bans, Lawyer might indeed have a tough time winning his case at the ballot box.
In the last election, voters in Pueblo rejected a ballot question that would have exempted bars from a citywide smoking ban in public places.
Smoking bans have been approved at least 17 of 19 times in Colorado city and county elections.
"The votes show these bans are widely supported by the public," said Erin Leary, Colorado advocacy director for the American Heart Association.
-- The Associated Press contributed to this report
If he buys a bulldozer and starts welding armor on it, watch him!
That is what the Second Amendment is all about! Protecting yourself from the TYRANNICAL government!
What the hell is happening to Colorado and the free spirit of the west?
I expect smoking bans in my ridiculous state,Massachusetts,but I always figured that freedom from government would win out in the Rockies and the plains.
Guess I was wrong,but I wish this guy well in his fight.
It would appear to me that a double standard of SELLING a LEGAL product, but NOT allowing is use would be some kind of a point.
Ban smoking if you must, but PLEASE, you hypocrits, ban SELLING the product inside of your little fiefdom as well!
It's all about the tax dollars, Elsie. They're addicted to smokers' tax dollars. That's why they won't ban smoking.
Where have you been hiding pal? Texas HAS outlawed the evvillllllll smoke too! :( Hey, but it's legal to smoke POT in that gay city in the west!
Thanks for the heads up!
It would appear to me that a double standard of SELLING a LEGAL product, but NOT allowing is use would be some kind of a point.
Just about every 7 - 11 you go in has zig-zag rolling papers and crack pipes for sell.
How far is Greely from Denver?
Why are the business owners begging to be granted exceptions?
Why do they not argue their rights.
Colorado Constitution
Bill of Rights
Section 28. Rights reserved not disparaged.
The enumeration in this constitution of certain rights shall not be construed to deny, impair or disparage others retained by the people.
The people have the "retained" right to smoke a tobacco on their private property.
Seeen that bar on an old Twilight Zone once. A stranger stops his car, was running a little hot and stops into the bar where it's only the old owner and his young restless daughter. Then the stranger lights up. To think that all that would be illegal, just makes my blood boil!
Best strategy is when they get to court, just light up right in the courtroom. When the bailiffs/judge make a stink, he should just say "hell judge, I'm not doing anymore than you or your colleagues do in chambers. This whole deal has gotta stop!
Unfortunately, most of the jails, like the one he would be placed in for contempt, don't allow smoking anymore.
Oh the injustice of it all!
PEOPLE have rights...
BUSINESSES aren't people........
I'm in Denver - Greeley is up north, a bit of a trip. I'm a transplant and don't know any more than that. There have been rumblings here in Denver about smoking bans, but they haven't gotten off the ground. We live by a little enclave called Glendale - so if Denver does it and Glendale doesn't our 2 favorite eateries will be close by (in Glendale-HA).
Still don't understand the concept of private property, eh?
BUSINESSES aren't people........
Implementing your reasoning to it's logical end, the 1st Amendment does not and cannot protect a newspaper business from government regulating the content of the newspaper and the 1st Amendment doesn not and cannot protect a church business from regulating the content of the church.
Newspapers and churches aren't people, as would say.
You are right, my statement was a bit off, but WE (citizens) have ALLOWED Gov't to get away with SO much!
We are dying the death of a thousand paper cuts in this once great country......
Texas? Texas? Say it isn't so!
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