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Smoking Ban Puts Restaurant Profits Up In Smoke/They Finally Admit It!
Boston.com ^ | June 18, 2002 | Unknown

Posted on 06/19/2002 7:11:34 AM PDT by SheLion

Some Haverhill restaurant owners are complaining about a city ban on smoking.

NewsCenter 5's Kelley Tuthill said that they claim the smoking ban is driving customers away and they say they're ready to fight to get it overturned.

Restaurant owners said that they've lived with these new regulations for three months with devastating consequences. They plan to speak out Tuesday night at a meeting at City Hall.

In Haverhill, the bar banter has moved outside. Three months ago, the city banned smoking in most restaurants. The ashtrays may be gone, but so are the customers.

"I would say we lost 30 to 40 percent of our business right off top since March 1, and it happened that day," restaurant owner Mike Difeo said.

It was a similar story at Benny's farther north on Route 125.

"It's a struggle. I've lost $49,000 as of today, and I can see I lost my main base of customers because of non-smoking. I am losing help. My people are not making money. I went from 58 employees to 44 employees," restaurant owner Ben Brienza said.

Workers and some customers may be heading across the border to New Hampshire.

"I think it's a ridiculous law. Little by little, we are lawing ourselves right out of freedom," one customer said.

"A lot of people we don't see anymore. It's sad," another customer said.

Before the regulations, nonsmoking customer could dine in a separate section of the restaurant.

So is Haverhill fixing something that wasn't broken? Not according to a member of the board of health.

"You can't drive over 65 on the highway -- that is a health issue because of accidents, and there are many different rules in that regard," board of health member Dr. Carl Rosenbloom said. "I think (the government) has an obligation to protect certain aspects of public health that an individual cannot protect themselves."

The board of health does not expect to make any decision at Tuesday night's meeting. It will take public comment for at least a week. Then, board members will either keep the regulations as is, go to a citywide ban in all establishments or chose something in between.


TOPICS: Activism/Chapters; Culture/Society; Government; US: Massachusetts
KEYWORDS: antismokers; butts; cigarettes; individualliberty; niconazis; prohibitionists; pufflist; smokingbans; taxreform; tobacco
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To: Taxman
Taxpayers should compensate a restaurant owner for lost revenues due to a smoking ban law? I think not!

So you really don't give a crap about the financial well being of the restaurant owner. You don't really care about his finacial situation you just care about your ability to smoke at his restaurant. That is fine but just drop the act that your concerned about the lost business.

Also, if governments did have to shell out cash for the taking of the restaurants business it would put financial pressure on towns to end the current bans and be a disincentive for future bans. Frankly, I am surprised the national restaurant associations have made a case out of this.

161 posted on 06/20/2002 7:34:24 AM PDT by VRWC_minion
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To: VRWC_minion
But I don't want to be within smelling distance of a smoker.

Good reason to stay away from businesses that allow smoking on their property.

162 posted on 06/20/2002 7:34:38 AM PDT by Protagoras
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To: ThomasJefferson
It would be easier to just repeal all the laws concerning how businesses run their own affairs.

Not in the current social and political environment. Not to mention that roads and non-smoking laws have nothing in common.

Both are the taking of property.

163 posted on 06/20/2002 7:36:40 AM PDT by VRWC_minion
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To: Just another Joe
Your fallacy. Mine is, "If X is not proven to cause damage and Y is proven to cause damage then leave X alone and do something about Y."

For me damage is = to having to eat a meal while smelling your smoke.

164 posted on 06/20/2002 7:38:06 AM PDT by VRWC_minion
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To: Freemeorkillme
A regular Ninevah.

As much as we have been to the Cape, we never ventured up there. We had friends warn us ahead of time. ~whew!

165 posted on 06/20/2002 7:38:26 AM PDT by SheLion
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To: SheLion
We seem to have a LOT of them in here lately.

Some Republicans are just Democrats who want government guns to be used to force people to do their (different) pet causes.

Like the man said, "it's the same thing only different".

166 posted on 06/20/2002 7:38:49 AM PDT by Protagoras
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To: VRWC_minion
And just how do you defend a town or municipality telling a private business owner what he/she can do on and in their own premisis? It can't be done under the constitution. That's for sure.

Property rights, my friend. Now, the DMV, that's quite another thing.

You *would* pay extra taxes to violate property rights? I think you need to rethink you position or find a different color star for me to wear other than yellow.

167 posted on 06/20/2002 7:39:10 AM PDT by Freemeorkillme
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To: ThomasJefferson
. Where would this power to tell businesses who to serve come from? ,

Apparently the lawyers of the restaurants don't agree with you or they would appeal the rulings.

168 posted on 06/20/2002 7:39:30 AM PDT by VRWC_minion
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To: Action-America; SheLion
If you want to fart or smoke, you should be considerate enough to take it outside.

Allright... [rolls up sleeves] You asked for it, buddy...

First of all, farting and smoking ain't parallel analogous actions and that constitutes a fundamental logical flaw.

Second of all, if you don't like smoke, then stay the hell out of a privately-owned restaurant that permits it. My puffing FRiends and I will thank you.

Third of all, SOMEBODY is just BEGGING for an atomic wedgie this morning...

169 posted on 06/20/2002 7:39:50 AM PDT by maxwell
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To: Conservative_Rob
the official view of provincetown

...the world gone crazy

170 posted on 06/20/2002 7:39:58 AM PDT by InvisibleChurch
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To: ThomasJefferson
Good reason to stay away from businesses that allow smoking on their property.

I avoid smoking business at all costs and never hesitate to compliment the owners for providing it.

171 posted on 06/20/2002 7:41:07 AM PDT by VRWC_minion
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To: ThomasJefferson; VRWC_minion
VRWC sez-- "But I don't want to be within smelling distance of a smoker."

TJ sez-- Good reason to stay away from businesses that allow smoking on their property.

Hear hear.

172 posted on 06/20/2002 7:41:52 AM PDT by maxwell
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To: SheLion
"It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error." --U.S. Supreme Court Justice Robert Jackson, in American Communications Association v. Douds, 339 U.S. 382, 442 (1950)
173 posted on 06/20/2002 7:42:17 AM PDT by KentuckyWoman
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To: ThomasJefferson
Some Republicans are just Democrats who want government guns to be used to force people to do their (different) pet causes.

Well, it breaks my heart. Your either true to your party or get out. I can't stand RINO's and I can't stand those standing on the cusp.

I realize smoking isn't for everyone, but smoking is no worse today then it was 40 years ago. The anti's are just trying to trump it up. It's all about the money.

And when Boards of Health can dictiate how a business is to be run, then that is crossing the legal line, imho.

174 posted on 06/20/2002 7:42:38 AM PDT by SheLion
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To: VRWC_minion
With all due respect, you are missing my point: The point is not about the lost revenues an unconstitutional law causes; it is that anti-smoking laws in respect of private businesses are unconstitutional, and should be repealed.

Then, private business owners set their own smoking rules -- smokers would patronize businesses that cater to smokers, and non-smokers would patronize businesses that voluntarily prohibit smoking.

Choice is the essence of FReedom!

Government coercion is the essence of National Socialism!

Frankly, I am surprised the national restaurant associations have [not] made a case out of this.

So am I.

175 posted on 06/20/2002 7:43:52 AM PDT by Taxman
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To: Freemeorkillme
And just how do you defend a town or municipality telling a private business owner what he/she can do on and in their own premisis?

This is not even a question in law. It is done all the time. Your right about the rights though, the government is obligated to compensate you when it takes your property.

176 posted on 06/20/2002 7:44:24 AM PDT by VRWC_minion
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To: maxwell
First of all, farting and smoking ain't parallel analogous actions and that constitutes a fundamental logical flaw.

Absolutely. I can tolerate a fart much better than your smoke.

177 posted on 06/20/2002 7:45:32 AM PDT by VRWC_minion
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To: SheLion
Scary, aren't they. What's it going to be like in another 5/10 years. These nanny state mentally challenged twerps better be stopped soon.
178 posted on 06/20/2002 7:46:18 AM PDT by steve50
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To: Freemeorkillme
Believe it or not, years ago Provincetown was a great party town. The gays and lesbos were there, but they were in a minority and had their own places.

Now they run the Town Council and what they say goes. And they're the ones with no tolerance.
179 posted on 06/20/2002 7:46:53 AM PDT by metesky
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To: SheLion
"You can't drive over 65 on the highway -- that is a health issue because of accidents, and there are many different rules in that regard," board of health member Dr. Carl Rosenbloom said. "I think (the government) has an obligation to protect certain aspects of public health that an individual cannot protect themselves."

Dr. Carl, you educated moron, your reasoning is as pathetic as your ability to use English.
180 posted on 06/20/2002 7:47:14 AM PDT by aruanan
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