Guilty for smoking

ktsm ^

[chance33_98]

Guilty for smoking
The first trial challenging El Paso's no-smoking ordinance has ended quickly. 

Saturday, October 26, 2002 -- Jurors took just six minutes in handing down a guilty sentence.

Ken Bengston was ticketed for smoking at the Texas Bar and Grill last June. While he claims he wasn't smoking, a police officer says he saw Bengston smoking at the restaurant.

For jurors, regardless of their personal feelings about smoking, this was an open and shut case.

Fred Gardea, Jury Foreman, said, "It was short, we didn't deliberate much. We just figured he was guilty, and that's it."

Bengston has paid the fine, but says he may still appeal the decision.

[Mulder]

They deserve about 90 days in the slammer for the infraction, to boot. Let 'em bum their smokes off "Little Nicky" in return for amorous favors!

So this guy deserves to have his life ruining for smoking a cigarette?

Anyone who believes that is a disgusting bootlicker.

[Mulder]

Their proposed solution? Spread the smoking ban across the entire metropolitan area, because their law isn't "fair"!

They're tyring to pull the same crap statewide, here in Floriduh.

The way I see, it's none of the government's (or anyone else's) business what a private business wants to do on their own property, as long as no one is harmed. If non-smokers don't want to smell smoke, let them go to a restuarant that is either non-smoking or one that does a good job separating the smoking/non-smoking sections.

Let the marketplace decide.

[Wolfie]

The jurors could have, I suppose, told the judge that they found him not guilty because of a bad ordinance.

That's jury nullification, and its a b-a-a-a-a-d word for many Freepers.

[Wolfie]

"When we look down the road, I would say 10, 15, 20 years from now, in a gradual fashion, smoking will probably be outlawed in the United States."

Tom Constantine
Administrator of the DEA
in an interview with ABC TV network

[Wil H]

I agrree with you except in that having a "no smoking section" in a restaurant is as effective as having a "no peeing section" in a swimming pool.

But clearly the market is voting with it's feet in Tempe. If They don't like it, they should repeal the law.

[VRWC_minion]

Yep, another rude smoker makes the process of banning smoking in all public places a little bit easier. I would feel a little sorry for the polite and considerate ones if they policed there own.

However, as demonstrated by the smokers posting here they see the rude and inconsiderate as being some sort of hero for their rights. Thank you.

[mysterio]

What's the republican/democrat ratio in el paso? Was this measure passed by pubbies? I bet that it was.

Do you know why they get away with this kind of stuff? Because smokers let them.

[mysterio]

I know of one person who is more rude and self centered than smokers. You.

Every time I see you on a thread, you are trying to start a flame war.

[3AngelaD]

Mulder, La Florida is a restaurant and bar in Juarez, just across the bridge from El Paso, on the old tourist drag in that Mexican city. The Mexicans would laugh their heads off at the idea of banning smoking in a restaurant/bar such as this. La Florida has excellent food and pours generous drinks. There are several dozen good restaurants in Juarez that the El Pasoans will have recourse to if pressed on the smoking thing. Martino's here I come, MaxFim here I come, Julio's Corona Cafe here I come, etc, etc. Now I'm hungry.

[Just another Joe]

That's jury nullification, and its a b-a-a-a-a-d word for many Freepers.

That's the phrase I was looking for. Jury nullification.
It may be a b-a-a-a-a-d word for many but not for me.

[Max McGarrity]

I agrree with you except in that having a "no smoking section" in a restaurant is as effective as having a "no peeing section" in a swimming pool.M/i>

That allegedly witty little soundbyte makes absolutely no sense because the water in a swimming pool is changed maybe once a year while the air in a restaurant is changed about 35,000 times. Believe what you want, but at least think about it before passing it on.

[Wil H]

That allegedly witty little soundbyte makes absolutely no sense because the water in a swimming pool is changed maybe once a year while the air in a restaurant is changed about 35,000 times. Believe what you want, but at least think about it before passing it on.

Ah, but, "The rate at which gases diffuse is inversley proportional to the square root of their densities" (Raoult's Law) Smoke diffuses far quicker in air than urine does in water..

[VRWC_minion]

35,000 times ? more like 4 times per hour.

Indoor Clean Air Ordinances

Summary of Restaurant Smoking Regulations in Texas

This is an abbreviated summation of city ordinances; for the full regulations and legal guidelines, please refer to the full text of the appropriate city code.

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Alvin (01-11-01)

Smoking prohibited in restaurants. Exceptions for a cocktail lounge, tavern, or other facility that constitutes a "bar." Bar area in restaurants are not considered a "bar" because minors are admitted into this area.

Arlington (07-27-99)

Smoking prohibited in all public places. Exceptions for for an eating establishment, bar, night club, adult entertainment establishment, billiard hall or bingo parlor that does not allow or employ persons under the age of 18. Exceptions for smoking areas that do not exceed 30 percent of the net floor area, provided that the designated smoking area be physically separated from non-smoking areas with barriers (walls) and separate ventilation systems. (A ventilation system must provide an air change every 15 minutes, exhaust the air to the exterior of the building, and the air from the smoking area cannot be drawn across the nonsmoking area.)

Austin (02-17-94)

Smoking prohibited in all public places. Restaurants prohibit smoke from 6 a.m. to 10 p.m. Smoking is permitted after 2 p.m. in restaurants while dining services are discontinued. Enclosed and stand-alone bar or lounge areas are excluded (separate ventilation systems).

Bryan (02-27-01)

Smoking prohibited in all public places. Restaurants with a seating capacity over 50 people prohibit smoke from 6 a.m. to 10 p.m. Stand-alone and enclosed (separate ventilation system and a four foot separation distance from smoking and nonsmoking areas) are excluded. Restaurants with a seating capacity of 50 people or fewer prohibit smoking..

Carrollton (12-01-98)

Smoking prohibited in restaurants unless smoking section with special ventilation is provided. (A ventilation system must provide a total air exchange every 15 minutes and shall exhaust that air to the exterior of the building, and the air from the smoking area cannot be drawn across the nonsmoking area.)

College Station (02-27-01)

Smoking prohibited in all public places. Restaurants with a seating capacity over 50 people prohibit smoke from 6 a.m. to 10 p.m. Stand-alone and enclosed (separate ventilation system and a four foot separation distance from smoking and nonsmoking areas) are excluded. Restaurants with a seating capacity of 50 people or fewer prohibit smoking.

 

Corpus Christi (09-01-86)

This is an example of a compromise and "accommodation" at its worst. The ordinance exempts bowling alleys, private functions, shopping malls (where smoking is already allowed), movie house lobbies, and restaurants. Restaurants may designate certain areas non-smoking and the ordinance is enforced by the city director of health. A citation may be issued which would then go to the "appropriate" court. This is very difficult language and very much an example of what not to do.

 

El Paso (06-26-01)

Smoking prohibited in all public places: including all restaurants, bars, taverns, and work places. No exceptions. This is a strong, exemplary ordinance that ideally would be duplicated across the state.

Fort Worth (07-15-97)

Smoking prohibited in restaurants unless smoking section with barriers (walls) or special ventilation is provided. (A ventilation system must provide an air change every 15 minutes; exhaust the air to the exterior of the building and the air from the smoking area cannot be drawn across the nonsmoking area). A restaurant with 50 seats or less must post a sign at the restaurant's entrance that states "A NONSMOKING SECTION IS NOT AVAILABLE." All enclosed dining areas, regardless of occupancy, in city buildings are nonsmoking.

 

Irving (07-17-97)

Smoking prohibited in all public places. Exceptions for restaurants with smoking sections that are identified to customers and employees by signage and physical barriers that separate smoking and non-smoking sections are permitted. Designated smoking areas must have separate ventilation systems and must maintain an air pressure sufficiently less than that in the non-designated area. The separated ventilation system must provide a total air change every fifteen minutes.

Leander (03-01-01)

Smoking prohibited in all public places. Exceptions for that portion of the restaurant that is utilized as a bar, provided that area is fully enclosed and separated from the main area of the restaurant.

Lubbock (06-14-01)

Smoking prohibited in all public places. Exceptions are made for full-service restaurants if the designated smoking area does not exceed 30 percent of the dining area. The proprietor must petition the city for smoking section (physically enclosed area with separate ventilation system). Exceptions also exist for private clubs (sports grills), which are owned by their members.

05-04-02 - Voter referendum keeps ordinance by 64%.

New Braunfels (02/12/01)

Smoking prohibited in all public places. Exceptions are made for private clubs, stand-alone bars and bars that are fully enclosed with separate ventilation systems. This is the 'model ordiance' and is considered a strong ordinance.

Odessa (06-26-01)

Smoking guidelines for restaurants are instituted. Restaurant owners have three options: 1) restaurants that prohibit smoking, 2) restaurants that are solely designated as smoking restaurants, 3) smoking prohibited in restaurants with a designated smoking section that is physically enclosed with a separate ventilation system.

Plano (08-28-95)

Smoking prohibited in restaurants unless the establishment provides a smoking section with a physical barrier or air barrier system between the sections and an air purification system (electrically powered hospital grade, hepa media filter that will clean all of the air in the designated smoking area every 15 minutes as with not less than 95 percent of three-tenths (0.3) micron particulates efficiency) or separate ventilation system that exhausts the air to the exterior of the building. This section of the code includes cocktail lounges and private clubs ("bars") that are regulated by the Texas Alcohol and Beverage Commission.

 

Robinson (04-09-02)

Model ordinance passed after recommended by the county health board. Prohibits smoking in all public places except bars and tobacco shops.

 

Rollingwood (03-21-01)

Smoking is prohibited in all public places. Exceptions for indoor employee smoking areas that are independently ventilated and outdoor dining areas that designate 25% of outdoor dining area as "no smoking" with a fifteen foot separation between the outdoor smoking and non-smoking areas.

 

Schertz (12-03-01)

Passed ordinance November 2001, prohibits smoking in restaurants public places, but if sales receipts are 25% alcohol, then it is considered a bar and exempt. Other small clauses are included and this is a medium to weak ordinance.

 

Sunset Valley (04-07-98)

Smoking is prohibited in all public places unless the establishment designates an area within the public place as a smoking area, provided that the smoking area be completely physically segregated from non-smoking areas, with a separate HVAC system and air filtering system, to minimize the effect of smoke in non-smoking areas, and so that the air from the smoking area is not drawn across or into non-smoking areas.

 

Waco (05-21-02)

Between the hours of 10 p.m. and 2 a.m. smoking is permitted in a designated area, no barriers or ventilation systems required. Smoking at all other times must be in a separate room with separate ventilation systems. The ordinance takes effect in May 2003. Restaurants with less than 8 employees (16% of county) are exempt from any ordinance.

 

West Lake Hills (09-08-93)

Smoking prohibited in all public places.

Wichita Falls

This city was included in a recent Texas Department of Health study indicating that ordinances have no economic impact on business.

[VRWC_minion]

So, I get to breathe your rotten stink while eating my meal for up to 15 minutes if we happen to be seated nearby ? Sorry, I'd rather not.

[VRWC_minion]

Do you know where the 35,000 times comes from when the regs call for 4 times per hour ? I don't even think nature exchanges the air outside 35,000 times per hour.

[metesky]

Rudeness, in case you haven't noticed, ass breath, isn't against the law.

[metesky]

Still looking forward to meeting you, sphincter breath, but then it's hard to meet anyone who cowers behind their 'puter constantly.

[Max McGarrity]

Ah, bless his heart...minnie found Stan the Sham's list of "successes."

Why would you want to eat your dinner in a place that welcomes smokers at all? Just so you can sit and complain and grouse?

Ottawa Ban an "Unmitigated Disaster"

After the first anniversary of Ottawa's blanket ban on public smoking, owners of drinking establishments there say butting out in bars was an "unmitigated disaster." Ottawa's Dave O'Connor, who successfully ran Ottawa's Beacon Hill Arms pub for nine years, said the ban forced him out of business.

"From September to February, we lost close to $80,000 in sales," said O'Connor, who now operates as a consultant in the hospitality industry. "I wasn't going to be a millionaire, but everyone enjoyed the place."

But never mind...minnie's happy.