Posted on 12/20/2002 10:10:51 AM PST by Behind Liberal Lines
SAVANNAH NY- A ban on smoking has snuffed the life out of their D&S Diner, Susan and Doug Devall say. The owners of the village's only diner, one of the few businesses on Main Street, say they will close for good Dec. 29. They blame Wayne County's no-smoking law, which passed in January.
We'd still be here, Doug Devall said, if the law hadn't passed.
The couple opened the diner in August 2000, after a string of businesses failed at the same location. Although the diner didn't turn a profit in its first year, the two expected to operate in the black the second year. Then the no-smoking law sent that goal go up in smoke. Nearby Cayuga County has no ban on smoking in restaurants, so the Devalls figure much of their business went to light up elsewhere. That took 30 percent of the customers right out of here, Doug Devall said.
Sales were down $3,000 in July 2002 compared to July 2001. Hardest hit were on Friday nights and Sunday mornings.
The couple had the option of converting an extra room into a smoking room, but the cost of installing ventilation, sealing doors and other measures was too much. Meanwhile, the two sympathized with their smoking customers and let them indulge under the counter, so to speak.
If it's not busy in here, I will let people smoke. I'm not going to lose my business, Susan Devall said soon after the law went into effect.
The decision to allow smoking or not should be left up to the individual business owner, Doug Devall said. Restaurant owners should be able to choose whether their establishment will be smoking or non-smoking.
The bottom line
Most of them are crying their eyes out because we're closing, but I can't keep robbing Peter to pay Paul, he said. The bottom line: He needs around $800 a day to survive, said the couple. It's the days when less than $100 comes in and then the propane truck pulls in and there's a $400 bill to pay, those are the days that hurt, he said.
This stuff is going to backfire on politicians, come back and bite them on the ass, Doug said, referring not only to the smoking laws but to the high taxes and other regulations that New York state imposes on small businesses. Workman's compensation, disability, unemployment, liability -- the cost of insurance is extremely high for a small business that employs two full-time and three part-time people.
Absolutely, said Sandy Brownell, when asked whether the new smoking laws have hurt many small restaurants like the D & S Diner.
Brownell is a saleswoman for Palmer Distributing, which is based in Newark. It's hard for them to make it in New York state because of the insurance regulations and the taxes as well, she said. I see it a lot, more than I wish to, she said about the closing.
Brownell is a smoker herself, and said whether she could light up or not weighed into her decision on where to eat.
Not just customers
It's the customers Susan will miss the most, especially the regulars. In a small place like this, though -- one of the few places for people to gather in Savannah -- most of the customers are regulars. In fact, several people sitting at the counter Thursday afternoon, after the lunch rush, had the look of regulars about them.
It's like art work for you, said Jackie Shurtleff, placing Leon Waldron's grilled ham and cheese sandwich in front of him.
Waldron comes to the diner at least once a day, usually to shoot the crap with all the guys in the morning and to pick on everyone.
So where will Waldron go after the new year?
Nowhere it seems.
I'm still coming here, they just don't know that yet, he said.
Tim Carmon, who works in Savannah and drops by at least three times a week for lunch, also hates to see them go.
Shurtleff is Sue's sister, as well as one of the diner's employees. She's worked at the diner since the day it opened.
Both of these facts make the closing an extremely emotional event for her as well as her sister. Upsetting was how she described the upcoming closing -- the simplicity of the words belied the complicated emotions felt.
Before he started working part-time at the diner, Randy Brown would come in with his father for lunch. Off duty Thursday afternoon, he sat at the counter eating what Jackie euphemistically called a concoction -- a Philly sandwich with extra cheese plus pickles, potato chips, and ketchup -- all on the sandwich, not on the side.
Brown has another part-time job at Pearl Technologies, but will miss the good atmosphere at the diner.
It's the environment that will be missed even more than the food. Mrs. Nobel, a Savannah resident whom Shurtleff described fondly as a fixture, has been coming to the diner morning and noon since it opened.
Nobel said the diner has the same friendly, pleasant extended family feeling as when Betty Kelly owned the building and operated a luncheonette there more than 20 years ago.
Nobel doesn't think there will be another business opening in the space anytime soon though -- a great loss for the village.
The diner will be sorely missed on Main Street, which has more empty storefronts than full ones. A couple of bars, a hair salon, a convenience store/gas station, the town hall. Given the limited amount of amenities and services available in this hamlet, most residents head to Seneca Falls or Auburn for basic necessities and entertainment.
This exodus will seemingly continue.
Future plans
There will be an auction in January, and then the Devalls will try to lease the space. Since they own the building, which has apartments upstairs, the couple's connection with the hamlet won't be totally severed.
Drink beer and raise hell, Doug said, when asked about his plans for the future. His contracting business will continue to take up most of his time.
But ultimately it's Sue, at the diner just about every day, who'll miss and be missed the most. Her husband joked his wife would be able to enjoy a stretch of being Suzy Homemaker.
Based on Sue's response to that suggestion, it doesn't seem likely.
Although the couple got smoked out of Savannah, figuratively speaking, Sue hasn't been totally burnt by the restaurant business. But she would consider something closer to home and in a higher traffic area, she said. In fact, with an eye on the future, the couple is tentatively keeping an eye on a place in Weedsport.
But the 29th is going to be pretty hard, Sue said.
I'm still on the fence about the issue when nonsmokers have a right to a smoke free workplace environment in every other area but hospitality.
Basically does private property rights trump the right to have laws administered evenly and fairly and to private property rights trump the health of the employee.
The county administrator of a county in Maryland imposed a ban on smoking IN PRIVATE RESIDENCES (this particular county had already bans in place everywhere else) and the edict was stopped cold for fear that it wouldn't be allowed by the court.
Even if you use the cap key it doesn't distract from the fact that yu haven't got one case to prove your theory that the state can not take your private property.
Even if you use the cap key it doesn't distract from the fact that yu haven't got one case to prove your theory that the state can not take your private property.
No I won't, but you can bet the average smoker will be cowering outside his home to give himself his fix.
The game is over, you're exposed. Now say your piece. What are you doing on all these threads? What great message do you want to tell us all?
I nominate this for Worst Logic in the Universe.
Here's an analogous situation. Local gov't mandates chairless dining - patrons must stand while eating. Local restaurants suffer as customers take business to adjacent jurisdictions' seated dining. Who's to blame? Why the selfish former patrons, of course!
What you are is a fascist.
L
The fact that most establishments allowed smoking until the ban was put in place indicates that smokers had won in the marketplace. Only by the power of government were the markets' natural workings reversed.
Which of us has control issues ?
Didn't think so.
The topic was restautants not homes.
But seeing that you raised the issue, the smoke bans on personal residents will come from a combination of deed restrictions, condo bylaws and indirectly via child abuse accusations.
The smokers options are quickly narrowing.
Your right to smoke in public is all but gone and any possibility to avoid it is for smokers to self regulate before they are banned.
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