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.
The old cons crowd around the newbie. "What are ya in for, kid?"
"Smokin'"
The old cons all edge away.
"VAT VE VANT IS CUMPLIANCE!. VE DUNT VANT NOBODY TO GO TO ZE JAIL!"
Up yours, you fargin NAZI!
PUFF!!!
FMCDH holding a gun and a cigarette.
Abraham Lincoln (1809-65), U.S. President.
Speech, 18 Dec. 1840, to Illinois House of Representatives
http://www.snooze.dynip.com
The Nazis have left no stone unturned.
And we thought it would never happen. If they can jail bar owners in Canada, what's ahead for us??!!
Because the general Republican party does not realize how hard "they" are picking on smokers. Tobacco is a legal product. Yet, every day there is something in some newspaper across the United States about more bans, more restrictions, more control and higher taxes on cigarettes under the guise of "balancing budgets and it's for the kids."
It's not about balancing budgets and God knows, it's not about the KIDS. It's about control! And anyone who loves their guns, know that we smokers love our cigarettes.
If THEY want to remove guns and cigarettes, there is going to be a civil war.
Does anyone remember how Hitler back in 1941 controlled his people? He said It's For The Kids!
The smoking bylaws are unconstiitutional according to Roe vs Wade
THE ASSERTED STATE INTERESTS ARE PROTECTION OF THE HEALTH AND SAFETY OF THE PREGNANT WOMAN, AND PROTECTION OF THE POTENTIAL FUTURE HUMAN LIFE WITHIN HER. THESE ARE LEGITIMATE OBJECTIVES, AMPLY SUFFICIENT TO PERMIT A STATE TO REGULATE ABORTIONS MORE STRINGENTLY OR EVEN TO PROHIBIT THEM IN THE LATE STAGES OF PREGNANCY. BUT SUCH LEGISLATION IS NOT BEFORE US, AND I THINK THE COURT TODAY HAS THOROUGHLY DEMONSTRATED THAT THESE STATE INTERESTS CANNOT CONSTITUTIONALLY SUPPORT THE BROAD ABRIDGMENT OF PERSONAL LIBERTY WORKED BY THE EXISTING TEXAS LAW. ACCORDINGLY, I JOIN THE COURT'S OPINION HOLDING THAT THAT LAW IS INVALID UNDER THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT. /1/ ONLY MR. JUSTICE HARLAN FAILED TO JOIN THE COURT'S OPINION, 372 U.S.,AT 733.
Better still, let's bring back the smugglers. Those heroes of the early 90s got the tax cut in half, let's start patronizing them again. BTW are there any smoke shops on the Six Nations reserve? It would be worth the drive from Toronto.
The health department's tactic of taking inspectors away from their real work precisely mirrors what the cops are doing in the drug war. I wonder how many cases of food poisoning will result from this change in priorities?
Not only that - it's wiping out my weekly allowance - it would be nice if someone would pay me to do this!!!!
I'm proud of you!!!
And I appreciate your support!!!! someone has got to do it - I guess I'm it!!!
WRONG.......
the only "most" that have decreed such "death sentence" are the highly funded-highly vocal anti-smokier minority.
Get a grip on reality - anyone with money can get anything printed and spewed by the lame stream media if it agrees with the current policitally correct view.
However - you are correct in that this will change. But not in the way you think - the truth will eventually win out over the lies and propaganda.
€ 19 proprietors have been convicted of permitting smoking. The highest fine has been $3,000. Most fines have been $1,000 or more.
Stubborn bar owners may face jail
Welcome to the drug war 2002. Yeehaw!
LOL, you obviously haven't been paying attention.
That looks like where they want it to go, Joe. :(
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