Smokers 'Taking it to the Streets' to protest ban [restaurants suffering a 20 to 60 percent loss]

Buffalo News ^

[Sub-Driver]

Smokers 'Taking it to the Streets' to protest ban By VANESSA THOMAS News Staff Reporter 9/15/2003

A collective puff of cigarette smoke will permeate the air outside of restaurants and bars across Western New York tonight, when patrons stand outside with placards and light up to protest the new smoking ban. During the statewide protest, dubbed "Taking it to the Streets," customers at participating venues will be asked to step outside for a brief protest starting at 8:30 p.m., to show their disapproval of a smoking law, in effect since July 24, that has banned smoking in all workplaces, including bars, restaurants and bowling alleys.

Protests are planned for least three local venues - in Kenmore, Niagara Falls and North Tonawanda.

Organized by the Empire State Restaurant and Tavern Association, the rally is meant for those who cannot attend the group's larger protest, which is scheduled for Tuesday morning on the steps of the state legislative office building in Albany.

"People are frustrated and they feel helpless, so by participating in the protest they'll feel like their voices are being heard," said Western New York organizer Judi Justiana.

"Our customers feel like lepers every time they have to step outside to smoke. . . . The state went too far with this law and it's causing major job losses."

Patrick Hoak, president of the Innkeepers Association of Western New York, said the smoking law caused five restaurants in Western New York to close down. He estimated that restaurants are suffering a 20 to 60 percent loss in business because of it.

"It's hypocritical for (the state) to say smoking is bad for our health, yet they take the sales tax (on cigarettes)," said Hoak. "This is not about health. This is about choice. . . . Don't put a knife in the back of restaurants. We need help now."

Hoak said the bar and restaurant owners hope the rallies will push state legislators to amend the law to allow smoking if there is an air purification system in the bar area.

The Empire State Restaurant and Tavern Association has also filed a lawsuit in federal court in Syracuse against the state to challenge the constitutionality of the law.

Nevertheless, anti-smoking advocates at the Center for a Tobacco Free New York say the smoking ban helps protect employees and patrons from the toxic effects of cigarettes.

Lesley Battaglia, manager at Betty's Grill in North Tonawanda, said the anti-smoking initiative has crippled her family business of 40 years.

"Summer's bad to begin with but this just adds to the struggle," said Battaglia, adding that profit is down about 30 percent. "We're already dreading the winter."

Justiana, owner of Judi's Lounge, 257 Military Road, Niagara Falls - where one of the local rallies will be held - said each "Taking it to the Streets" rally will last between 15 and 30 minutes.

Protests are also planned for St. James Place, a sports bar and pizzeria at 1531 Military in Kenmore; and the corner of Webster and Tremont streets in North Tonawanda's restaurant district.

[Mears]

Good for Mr Parsons and Wayne County.

I'm surprised they didn't use the "health of the employee" crap that is the reason most of the non-smoking laws are taking place.

[Max McGarrity]

You pull in and enter and then discover they are huffing cigs. You only get an hour for lunch. Too late. Smoking should be the exception, not the rule. Smokers should have a list of establishments, not the other way around. Smoking cigs is farking stupid to begin with but I won't get into that. You'll claim I have an agenda.

No, You pull in, read the frackin sign on the DOOR that says SMOKING WELCOME HERE, turn around and walk two doors down to have your lunch. Smoking cigs may be stupid but it's not nearly as stupid as giving up your individual liberties and private property rights and expecting fairness to result.

[ridesthemiles]

I believe in Calif they are BOTH fined.

[Max McGarrity]

Well said, Phantom Lord, and such a simple concept.

[handk]

So, "Phantom Lord", was Adolph Hitler and "Joe Stalin" already taken?

What a schmuck.

[bc2]

"Even when I smoked I thought people who smoked in restaraunts were inconsiderate assholes."

People who dictate, through force of government, what to do with their own private property, are more than inconsiderate assholes, they are fascist assholes.

[bc2]

what goddamned country do you live in? it certainly is not the united states, because we were not meant to be a democracy, for the very reasons you advocate! LOSS OF PROPERTY RIGHTS THROUGH TYRANNY OF THE MAJORITY! we are a REPUBLIC, with PRIVATE PROPERTY RIGHTS. YOU ARE FREE TO GO TO OPEN A RESTAURANT WITH A STRICT NO SMOKING POLICY AS MUCH AS I AM FREE TO OPEN A SMOKING ONLY ESTABLISHMENT!

man, the more of your posts I read, the more of a fascist you seem to become. did you even pass 8th grade civics? It seems you have never read the Constitution of this great REPUBLIC.

[kinghorse]

blah blah blah blah, take your angry energy to the streets and get this sucker overturned. Oh wait, you say you can't garner enough popular support. that's too bad. You must be on the wrong side of the issue. next.

[Redwood71]

And cigarette makers determined smoking is dangerous to your health, and put it on their packs for over 35 years but they are still supposedly responsible. I'm not saying smoking is good. I smoked for over 25 years, cigarettes, cigars, and loved a pipe. The difference is that I chose to do that, and I blame no one for my cardio problems except myself. I also respect the rights of others to make the same decision I did, one way or the other. I do not require anyone to do it "MY WAY OR ELSE!" I am adult enough to make my personal decision, I don't profess to be spoiled enough to demand to make anyone elses.

[Phantom Lord]

So, "Phantom Lord", was Adolph Hitler and "Joe Stalin" already taken?

What a schmuck.

Are you calling me Hitler, Stalin, and a schmuck? Because I can't find anyone else on this thread saying this that you could possibly be replying too.

Please expand and explain.

[Phantom Lord]

blah blah blah blah, take your angry energy to the streets and get this sucker overturned. Oh wait, you say you can't garner enough popular support. that's too bad. You must be on the wrong side of the issue. next.

The anti-slavery movement was a distinct minority for 1000's of years. Were they on the wrong side of the issue?

Am I comparing slavery and the smoking ban? No. But being in the majority does not come close to making one in the right.

Still waiting for you to explain to me how there is a ounce of difference between the government and its use of force in banning smoking in private businesses and REQUIRING businesses to allow smoking. You can't do it because there is no difference.

I repeat again, because it seems that mental pygmies such as yourself are having a hard time grasping this simple concept. This is a FREEDOM and PRIVATE PROPERTY RIGHTS issue. NOT a smoking vs. non-smoking issue.

If you were still a smoker and the local government in your town banned smoking in homes would you complain? Would you object to the action as a clear violation of your property rights? If not, why not? If so, why?

[bc2]

You do not even understand the basic binding principles of human interaction, Natural Rights, and their relationship to our Constitutional Republic, so I certainly do not expect you to be able to grasp something as complex as the issue of a Statewide smoking ban.

Please get back to me when you have fully comprehended the meaning of the words Republic vs Democracy, their relationship to our system of government, and Natural Rights.

Good day to you.

[bc2]

these are the same SOB's who talk a really big game about gun rights, but who not only do nothing in the way of activism, they actually help the gun control freaks by supporting prohibitions and smoking bans because "it's their issue".

[RabidBartender]

Today is my 71st birthday

Happy Birthday!

[wireman]

You can doubt it all you want Redbob. I own a tavern near Albany and my business is down a full 30% over the same period last year (8/01 through 9/13). This is after 31 months of consistent growth in food and beverage sales. It has hit some of my competitors even harder because they do not have the food sales to fall back on.

People are voting with their feet, which means they go to the market, buy a thirty pack and go home. I spoke to my Budweiser and Labatt rep and he told me that off-premise (markets and service stations) sales are going through the roof!

[oldtimer]

Your logic is too much for the smokergestapo crowd to fathom.

The wreck that used to be the great City of Dallas, Texas is now being run by libs, and they used POWER to ban smoking in all restaurants.

For some reason whatsoever, I have not spent my sales tax money on the restaurant trade there.

What is going on in this Country now is unbelievable including politcal correctness, and the fact that there is nobody left to pick on except smokers.

[wireman]

Pretty cavalier with other people's freedoms when it suits your personal taste, aren't we?

[VRWC_minion]

I'm impressed. Smokers actually protesting a ban. What is the turnout ? 10 or 20 people that needed to go out for a smoke anyways ?

[Sub-Driver]

Hey, Happy Birthday!.....

[Great Dane]

Nothing you have written changes my perception one iota.

Guess what... nobody cares.