Posted on 06/18/2002 12:12:08 PM PDT by SheLion
WATERLOO REGION -- Stubborn bar owners may face jail for letting their customers smoke in Waterloo Region. Health staff have proposed asking justices of the peace for orders prohibiting convicted owners from breaking the smoking bylaw.
Owners could then be jailed for contempt of court if they breach the order and permit smoking.
It's thought the jail threat may be what's needed to dissuade 28 hard core premises that continue to flout the smoking ban after two years.
"What we are doing is stepping up the process basically to the maximum," said Brian Hatton, the region's director of environmental health.
"What we want is compliance. We don't want anybody to go to jail."
Alternatively, the region could seek Superior Court injunctions compelling owners to obey the no-smoking bylaw, an approach being tried in Ottawa with six proprietors.
The injunction approach could result in an order to close down a bar, or a jail sentence for its owner.
Both approaches could see bar owners face fines exceeding the current maximum of $5,000 for violating the smoking bylaw.
But some think jailing offenders is going too far, even though they want better enforcement.
Coun. Jane Brewer of Cambridge said she's "not convinced it's one of those things" that requires a jail sentence.
"I think there are other remedies that need to be looked at before we get to that," Brewer said.
The jail threat seems like overkill to Paul Weber, a Maryhill tavern owner who contends he's losing business to bars that flout the smoking ban.
"I think it's a little bit much," Weber said.
"You don't go to jail for beating people up in the park any more, so I don't know why you should go to jail for not enforcing the smoking bylaw?"
The jail threat is part of a proposed enforcement crackdown aimed at 28 stubborn establishments.
Councillors have also been advised to reassign six public health inspectors to help police the ban.
They would target the holdout establishments with repeated plainclothes visits.
As well, it's proposed the region stop giving bar owners three warnings in advance of charges.
Health staff say the crackdown, to be considered by councillors today, addresses complaints that a few establishments are stealing business away from 99 per cent of the industry that complies with the ban.
It comes a week after council tightened its bylaw by banning smoking at private functions like weddings and corporate events.
The next step for future debate, health staff say, is for council to reconsider smoking in taxis, workplaces, and private clubs like Royal Canadian Legion halls.
Unlike other communities, Waterloo Region exempted these places from its smoking ban.
Health staff now contend that some private clubs are admitting members of the public to smoke.
Also, extending the ban to these places would meet the region's goals by protecting employees and others from second-hand smoke.
Extra enforcement would come by reassigning six of 26 public health inspectors away from duties like food inspection and infection control, on a part-time basis.
The smoking ban is enforced by two bylaw officers. But their effectiveness is limited because they are widely recognized by owners.
In the meantime, it's also proposed that the region:
Continue educating the public about the dangers of smoking.
Consider new ways to conduct anti-smoking investigations.
Ask courts to impose big fines against repeat offenders.
Publicize the names of convicted owners in reports to council, as is done with food-safety violations.
Continue to advise the province's liquor licensing agency of establishments that violate the bylaw, to put their liquor licence at risk.
SMOKING INFRACTIONS
Today, people can be fined but not jailed for illegal smoking in enclosed public places.
€ 898 individuals have been convicted of illegal smoking. Most have faced fines reaching $255.
€ 19 proprietors have been convicted of permitting smoking. The highest fine has been $3,000. Most fines have been $1,000 or more.
Even the Europeans smoke a lot, and for the most part, anywhere they like.
A little travel will open your eyes to just how 'free' we really are.
Too sad. Life's work down the drain. It makes me sick.
I just think that tobacco smoking is going to go the way of poodle skirts. But smokers are good and decent folks and I would like to see the transition from smoking be as gentle and as peaceful as possible.
They have a banner hanging on the outside of the establishment that states they are smoking in there now and will be come november (when it goes into effect)
I'm going back there tomorrow with the didgital camera to take a picture and post it all over the internet.
Now I'm off to talk with another owner (sheesh, people are going to start thinking I'm some kind of barfly or something!!!)
hell, i hate nazi bastards like that all the time.
the south was right.
too bad lincoln didn't get capped in '61.
Sounds like they might fruitfully adopt the private club concept, wherein an establishment is no longer public and imposes a nominal annual membership fee (e.g. $5 US, which can be discounted from an initial cover charge, where applicable). The private clubs can allow smoking or not. Membership rules for smoking clubs can specify clearly that patrons must respect the smoking rights of other patrons, and waive claims to damages and other infringements on such rights. If customers choose to become members of non-smoking clubs, or choose to patronize public establishments, that is their prerogative.
I don't think you will ever see it gentle and peaceful, ned!
What are you going to do with us die hard Conservatives who are fighting for our rights? Answer me that one.
What are you going to do with we Americans who refuse to go "down under" just because the nazi few say it's going to happen? Please answer me on this.
Your going to wear yourself out! I'm proud of you!!!
And whose decision will it be for us to transition?? Certainly not the government's, but some folks seem to be pushing hard for that.
Thank you SO much, Bella!
ROFLMAO! You just tied two ideas together that the socialists and nico nazis hate. Capitalism and freedom.
The dog poked his nose over the bar, politely barked, and got served two icecubes.
The weenies around here would suffer a panick attack if they ever saw such a thing.
To echo freeee's reply to you, they smoke like chimneys in many Euro countries. Also, Kalifornia is at least two states. There is the ultra-PC Bay Area + Hollyweird axis, and then there's the rest of the state. FR is based in the rest of the state.
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