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

Posted on 09/15/2003 8:11:35 AM PDT by 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.


TOPICS: Front Page News; Government; News/Current Events; US: New York
KEYWORDS: gnatzies; niconazi; pufflist; smokingban; smokingbans
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To: Phantom Lord
Are they going to institute fines which I certainly would refuse to pay.

The smoker isn't fined. The bar/restaurant is.

Which proves of course that it's all about money, and has nothing to do with safety of the workers....who get stuck telling recalcitrant smokers that they can't light up. At least one bouncer in NYC has already been killed trying to enforce Bloomberg's Folly.

-Eric

21 posted on 09/15/2003 8:45:29 AM PDT by E Rocc ("Dry counties" are a Protestant form of "sharia".)
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To: kinghorse
Don't go where smoking is allowed and every thing will be fine.
22 posted on 09/15/2003 8:46:27 AM PDT by Sunshine Sister
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To: Sunshine Sister
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.
23 posted on 09/15/2003 8:49:45 AM PDT by kinghorse
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To: Mears
You rabble-rouser you! : )

Is the NY ban tobacco only? I have heard that some of the smoking bans don't cover herbal cigs. If that is the case, an alternate might be for everyone to light those puppies up(they don't have to smoke them(yuk!)), just burn them, and let them deal with that. If they arrest them, slap them hard with false arrest suits. Just another idea to ratchet up the fight for freedom and property rights.

24 posted on 09/15/2003 8:50:48 AM PDT by StriperSniper (The slippery slope is getting steeper.)
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To: kinghorse
Unfortunately a lot of people have an hour for lunch or are from out of town. They wouldn't know which establishments to steer clear of.

And its the government reponsibility and within their authority to do something about this?

And I can tell you for a fact that in my home town that I spoke of, no one is from out of town, and the ones who are are there to visit family and friends since they moved away. The "their from out of town" argument is a joke.

I detest the nasty smell when I'm trying to enjoy my meal.

Which is why, in our wonderful capitalist society you are free to choose among competitors. Go to the non smoking establishment vs the smoking establishment. If there are no non-smoking establishments available or to your liking, eat elswhere. Such as at home, or in your office.

I consider this issue to be a private property rights issue, not a smoker vs. non-smoker issue. Just as you can ban guests from smoking in your home, a business owner should decided if smoking is or is not allowed in his establishment.

25 posted on 09/15/2003 8:55:08 AM PDT by Phantom Lord (Distributor of Pain, Your Loss Becomes My Gain)
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To: *puff_list
Puff!

All you New York state smokers should try to do this wherever you are.

26 posted on 09/15/2003 8:55:11 AM PDT by Just another Joe (FReeping can be addictive and helpful to your mental health)
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To: Phantom Lord; Cacique; sarcasm
The population is aging rapidly and any person under 50 with 2 brain cells has left.

My zip code in Brooklyn (11209) had, according to the 2000 census, the oldest population in the state. Young people don't want to move here because it is a LONG (over an hour) commute. There are younger people moving in, albeit from overseas or the slums (See Saturday Night Fever for a view of my nabe in an earlier time).

Anyway, many of the old guys (and as mentioned there are plenty of those) here are defying the smoking ban, usually after 1 AM when the cops aren't around.

27 posted on 09/15/2003 8:56:56 AM PDT by Clemenza (East side, West side, all around the town. Tripping the light fantastic on the sidewalks of New York)
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To: Sub-Driver
I took some friends from Colorado to the Village Vanguard a few months back. Imagine their shock when they found out they couldn't smoke in the most famous Jazz club in the city.
28 posted on 09/15/2003 8:58:31 AM PDT by Clemenza (East side, West side, all around the town. Tripping the light fantastic on the sidewalks of New York)
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To: rocky88
I live in the city of Buffalo and have been saying for the longest time to radio shows and letters to the editor (which haven't gotten printed) that if smokers are infuriated, there should be an organized ban on buyuing state lottery tickets.

There was an attempted boycott of the Quick Draw in restaurants and bars. Didn't work very well.

Are people still trying to have Buffalo bars close at 2 AM to "improve the Buffalo economy"?

I graduated from Buff State in 1996. And the biggest and most immediate impact of a 2 AM bar closing would be an explosion of house parties starting at 1 AM and going till the sun came up.

29 posted on 09/15/2003 9:00:23 AM PDT by Phantom Lord (Distributor of Pain, Your Loss Becomes My Gain)
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To: kinghorse
Smoking should be the exception, not the rule.

No, owner discretion should be the rule.

30 posted on 09/15/2003 9:01:49 AM PDT by Phantom Lord (Distributor of Pain, Your Loss Becomes My Gain)
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To: Sub-Driver
It's all going to boil down to PERMITS!

Akin to when dancing was outlawed in bars in the 50's, smoking permission will be granted by permit now that the foundation law against it has been passed.

Health smelsh,, the goal is hard cash. The outright ban is just round one. Non-smokers, you're being used, enjoy it now.
31 posted on 09/15/2003 9:05:17 AM PDT by JoeSixPack1 (POW/MIA - Bring 'em home, or send us back! Semper Fi (Tag Line copying encouraged))
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To: Phantom Lord
I know the bar is fined but what if there were no ashtrays and "No Smoking" signs all over the place.How could they legally fine the owner. If they did I would certainly potch in to pay the fine.

There is an outdoor area in my city where smoking is prohibited and every night when I walk my dog in this area I sit on a bench in the smoke-free area and light up.No one has said anything yet but I'm almost hoping someone complains.I've paid high property taxes to this city for 42 years and I'd love to challenge this ridiculous law.

What the heck are they going to do to me?
32 posted on 09/15/2003 9:06:57 AM PDT by Mears
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To: Mears
Ooops! I meant "pitch in" in post # 32.
33 posted on 09/15/2003 9:09:32 AM PDT by Mears
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To: Clemenza
I just returned from Colorado last Friday and it was heaven. They even had a nice smoking lounge at the airport.

I am now back in the armpit of the world,Massachusetts!!
34 posted on 09/15/2003 9:12:05 AM PDT by Mears
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To: kinghorse
I don't smoke. When I go out to eat, I avoid places where people smoke. They are happy, I'm happy. We only get a half hour lunch. It seems to me that with an hour long lunch you could do some exploring. I don't have any sympathy for complainers who want everyone else to conform to their wishes.
35 posted on 09/15/2003 9:12:35 AM PDT by Sunshine Sister
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To: Sunshine Sister
amen, sister!
36 posted on 09/15/2003 9:22:14 AM PDT by bc2 (http://www.thinkforyourself.us)
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To: Clemenza
Yup. And Bloomburg raised the cig tax so that a pack costs $7.50 in NYC. Here in NC, you can get a carton of of the same brand for around 2 buckos. And... you can even smoke in Denny's while waiting for your breakfast!
37 posted on 09/15/2003 9:25:10 AM PDT by Cobra64 (Babes should wear Bullet Bras - www.BulletBras.net)
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To: Sub-Driver
Republicans like Bloomberg give me hope for the Republic.

Now, I'd like cellfones banned in cars; MADD's recommendations of a breathlyser ignition system in every car, eventual prohibition of alcohol,smaller food portions in restaurants as the same prices, fatpeople to pay higher insurance premiums, and incarceration of smokers who dare to smoke at home where there are children under 18, children turning in their parents who smoke, a permit system to eat red meat.

DO NOT TIP BARTENDERS IN NON PUFFING ESTABLISHMENTS.
Not their fault, but who cares.

38 posted on 09/15/2003 9:32:59 AM PDT by swarthyguy
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To: Sunshine Sister
I get your point. It's all about freedom. I guess I have the same freedom to blow my nose loudly next to you while enjoying your cigarette. I guess I have the freedom to extract a long malleable piece of mucous menbrane and contemplate it for a while. Freedom is freedom. Oh wait, your freedom to swing your arms ends where your fist meets my nose. I guess freedom has *gasp* limits.

Get over yourselves. Smoking in bars is fine. Smoking in restaurants is an affront. Period. End of story.
39 posted on 09/15/2003 9:34:17 AM PDT by kinghorse
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To: Phantom Lord
Didn't know about the attempted Quick Draw boycott.. that's a shame. I know the bars that have it get a nice cut. My idea is to stop buying tickets altogether in stores and other locations.

As far as the 2am bar closings, yes - it's started up again recently. Sometimes I think that politicians in New York state and especially Buffalo just sit around thinking up ways to put people out of business here. Pretty soon we're going to be just like California, unfortunately.
40 posted on 09/15/2003 9:39:18 AM PDT by rocky88
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