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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: kinghorse
I am a former NY resident and now I live in California(I know, poor me!). I have to say that I am THRILLED that there is no smoking in bars and restaurants in California. It has been this way for a while now. It is HEAVEN for those of us who don't care to breathe in the fumes other people's bad habits.
It is so nice to be able to go enjoy a dinner or a drink w/o coming out smelling like a huge cigarette. The restaurants and bars are doing fine out here and after NY gets used to the idea, things will iron out there too.
I DO think that they should offer some smoking bars and restaurants for those who wish to envelop themselves and their organs with poison-laden smoke.
Let's face it 'smoking sections' in restaurants were a joke. Imagine being a member of the waitstaff in the 'smoking section'...what a joy that must have been...NOT!
41 posted on 09/15/2003 9:40:30 AM PDT by kimchi lover (When will the left learn that Bush is NOT the enemy?)
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To: kinghorse
Semi-Ex-Smoker here. I think the owner of the establishment should be able to choose whether it is offensive.

I do understand the losing battle smokers fight. I think our government could get away with throwing Smokers to the Lions. First the smokers, then the overweight, then the ....
42 posted on 09/15/2003 9:52:35 AM PDT by Dryman
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To: kinghorse
I get your point. It's all about freedom.

No, it's all about property rights.
If you'd like to know more, respond in an appropriate manner and I'll be glad to tell you about it.

43 posted on 09/15/2003 9:54:39 AM PDT by Just another Joe (FReeping can be addictive and helpful to your mental health)
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To: Max McGarrity
Max, would you care to respond to the bit about businesses doing fine in Calafornia in Post #41?
44 posted on 09/15/2003 9:56:48 AM PDT by Just another Joe (FReeping can be addictive and helpful to your mental health)
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To: gkhong
I am a former NY resident and now I live in California(I know, poor me!). I have to say that I am THRILLED that there is no smoking in bars and restaurants in California. It has been this way for a while now. It is HEAVEN for those of us who don't care to breathe in the fumes other people's bad habits.
Leave it up to the owner of the establishment. If enough people feel that way, there will be plenty of establishments set up that way.

Allowing anyone who will not be affected (i.e. anyone other than the owners and their customers) is nothing more than big government busybodyism.

-Eric

45 posted on 09/15/2003 10:06:31 AM PDT by E Rocc ("Dry counties" are a Protestant form of "sharia".)
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To: Just another Joe
I'd rather pick my nose.
46 posted on 09/15/2003 10:10:54 AM PDT by kinghorse
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To: kinghorse
I thought so.
Be my guest. Pick your nose in any restaurant you want to pick it in.
Except, of course, in a "no nose picking" restaurant.

You might want to check with nanny govt to make sure they haven't banned it.

47 posted on 09/15/2003 10:15:33 AM PDT by Just another Joe (FReeping can be addictive and helpful to your mental health)
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To: Just another Joe
Thanks for making my point. It's called M-A-N-N-E-R-S.

I suspect the local govt will back off the beer joint and bars and allow an exclusion for these. Custom allows for a relaxation of manners at beer joints. These typically accept people drinkin, cussin and smokin. I think El Paso backed off theirs after the people got out their pitchforks.

Smoking in restaurants in rude and inconsiderate. Just like picking one's nose.
48 posted on 09/15/2003 10:24:20 AM PDT by kinghorse
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To: kinghorse
Get over yourselves. Smoking in bars is fine. Smoking in restaurants is an affront. Period. End of story.

The real affront is you and people like you who appoint themselves the kings of society and rulers of the citizenry. You should have as much right to tell me or any business owner what we can and can not allow in an establishment as we have to tell you what you can and can not do in your home. You have no right to demand how private property be operated.

I am and should continue to be free to open a restaurant that allows smoking. And you can open one that bans it. There is plenty of room in the market place for both of us to compete and succeed.

This smoking ban in NY has cost more than a few people their lifes investments, hard work, and savings. And more and more will continue to be put out of business by busy bodies like yourself who think they know what is best for people.

49 posted on 09/15/2003 10:27:59 AM PDT by Phantom Lord (Distributor of Pain, Your Loss Becomes My Gain)
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To: kinghorse
Further on the NY ban. The Restaurant and Bar Association and the owners of said establishments were told by the NY Legislature that the law on filtration systems were being changed as opposed to an outright ban. The new law was to proscribe a new filtration system that all bars/restaurants must install. These systems, even for a small hole in the wall establishment were tens of thousands of dollars. They owners bit the bullet and installed these systems, costing them great amounts of money and agrivation. Then what happened? The legislature changed its mind and banned smoking, rendering the recent investments a an absolute and total waste of money.

The large chain restaurants, and a few large local restaurants will do fine and survive. Its the mom and pop operations that are going to go out of business. Some I know already have, and other friends are on the brink. My uncle lucked out and sold his place (JR's Tavern House) a year ago. The new owner, a very good friend of and employee of my uncle bought it. He's not going to make it. The bar has been a local establishment for 40 years since my grandfather opened it. And thanks to the busy bodies, it will soon cease to exist. As will my friend Nino's bar "Ye Olde Friar's".

50 posted on 09/15/2003 10:34:34 AM PDT by Phantom Lord (Distributor of Pain, Your Loss Becomes My Gain)
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To: gkhong
Let's face it 'smoking sections' in restaurants were a joke. Imagine being a member of the waitstaff in the 'smoking section'...what a joy that must have been...NOT!

As someone who worked in the restaurant business for a long time, let me tell you, the smoking section on weekends was the coveted section to get. They without doubt had the highest bills and were the biggest tippers.

51 posted on 09/15/2003 10:36:04 AM PDT by Phantom Lord (Distributor of Pain, Your Loss Becomes My Gain)
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To: kinghorse
smoking in restaurants? rather you not do it.

Eating in my resturant on my property where I allow patrons to smoke? rather you not do it.

52 posted on 09/15/2003 10:41:33 AM PDT by Protagoras (Putting government in charge of morality is like putting pedophiles in charge of children.)
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To: Phantom Lord
"As someone who worked in the restaurant business for a long time, let me tell you, the smoking section on weekends was the coveted section to get. They without doubt had the highest bills and were the biggest tippers. "

Well, I know plenty of people in the restaurant business(waitstaff included) who don't share your enthusiasm. So, if you don't smoke, you're a lousy tipper now? I don't get the connection. Neither my dh or I smoke and we always leave good tips because we appreciate good service.

53 posted on 09/15/2003 10:41:53 AM PDT by kimchi lover (When will the left learn that Bush is NOT the enemy?)
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To: kinghorse
Smoking in restaurants in rude and inconsiderate.

Therefore the government, with its power to use force, should ban said activity.

I don't think so.

54 posted on 09/15/2003 10:43:07 AM PDT by Phantom Lord (Distributor of Pain, Your Loss Becomes My Gain)
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To: gkhong
So, if you don't smoke, you're a lousy tipper now?

I did not say that, and in no way could you conclude from my statements that I was inferring such.

And I also prefaced my statement with ON THE WEEKEND. It is common knowledge that far more often than not, those in the smoking section have larger tabs and leave larger tips.

55 posted on 09/15/2003 10:45:10 AM PDT by Phantom Lord (Distributor of Pain, Your Loss Becomes My Gain)
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To: kinghorse
Smoking in restaurants in rude and inconsiderate. Just like picking one's nose.

Not nearly as rude as coming into someone's business and telling them (at gunpoint if necessary) that they will now run their business by your rules, and no smoking will be allowed.

Now that's rude, and if done in person instead of hiding behind thugs with guns, is bad for your health.

56 posted on 09/15/2003 10:45:54 AM PDT by Protagoras (Putting government in charge of morality is like putting pedophiles in charge of children.)
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To: gkhong
So, if you don't smoke, you're a lousy tipper now?

I did not say any such thing. What I said was that on the WEEKEND the smoking section is normally the better tipping section. Not that non-smokers don't tip well, but on avg. those in the smoking section tip better.

57 posted on 09/15/2003 10:46:54 AM PDT by Phantom Lord (Distributor of Pain, Your Loss Becomes My Gain)
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To: gkhong
So, if you don't smoke, you're a lousy tipper now?

I did not say any such thing. What I said was that on the WEEKEND the smoking section is normally the better tipping section. Not that non-smokers don't tip well, but on avg. those in the smoking section tip better.

58 posted on 09/15/2003 10:47:10 AM PDT by Phantom Lord (Distributor of Pain, Your Loss Becomes My Gain)
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To: gkhong
Whats with these damn server errors I keep getting?
59 posted on 09/15/2003 10:48:03 AM PDT by Phantom Lord (Distributor of Pain, Your Loss Becomes My Gain)
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To: Mears
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.


Guns don't kill people, gun builders do. Heard something like that before?
60 posted on 09/15/2003 10:50:22 AM PDT by Redwood71
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