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Cafe business up in smoke (smoking ban closes restaurant)
The Citizen Auburn NY ^ | Friday, December 20, 2002 | By Mary Bulkot / Staff Writer

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.


TOPICS: Culture/Society; Front Page News; Government; US: New York
KEYWORDS: cancer; dirtyhabit; governmentregulaton; pufflist; smokingban; sorelosers; tobacco
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To: kmiller1k
Name for me one act that I can do at my table which would interfere with your dining experience

Being at your table, just because you're you.

181 posted on 12/21/2002 2:07:53 PM PST by Madame Dufarge
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To: Republic of Texas
If there were no law, and we let the market decide, couldn't everyone be selfish and do what they wanted?

You must have missed the post where the template was defined.

Smokers: selfish.

Anti-smokers: Mother Theresa.

182 posted on 12/21/2002 2:17:54 PM PST by Madame Dufarge
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To: Behind Liberal Lines
CA sucks
183 posted on 12/21/2002 2:35:16 PM PST by ezo4
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To: kmiller1k; Just another Joe; Great Dane; Max McGarrity; Tumbleweed_Connection; Madame Dufarge; ...
This thread was just pointed out to me. Let me catch up.

If you received a double ping, I'm sorry.

184 posted on 12/21/2002 2:45:30 PM PST by SheLion
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To: kmiller1k
Your a moron.

As long as your safe in your own little world and YOUR rights aren't trampled on, you feel the need to come down on other Conservatives that choose to smoke a LEGAL product. I guess your all for pot. Don't be telling us that we need to smoke outside. There is plenty of space in all places for all people.

Besides that, a bar and or restaurant aren't PUBLIC places. They are privately owned.

185 posted on 12/21/2002 3:02:58 PM PST by SheLion
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To: Behind Liberal Lines

Incremental socialism. Ya gotta love it.

186 posted on 12/21/2002 3:04:31 PM PST by Fintan
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To: lewislynn
Or whiney smokers cowering at home with their cigarettes rather than supporting their local economy, enjoying a normal life?

Your disgusting. Have a bad day, did we? Can't find anyone in real life to trash?

If your what is called "Normal," I want no part of it.

187 posted on 12/21/2002 3:06:23 PM PST by SheLion
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To: Republic of Texas
If you agree that the market should decide, then smokers aren't selfish by smoking because they are part of the market.

And smokers pay PLENTY of TAXES!

188 posted on 12/21/2002 3:07:50 PM PST by SheLion
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To: qam1
Being forced to go outside and leave my group is not what I would call a good time. It's expensive to go out to bar & restaurants, Why on Earth would we pay to be treated like second class citizens?

The bad thing about going outside to smoke at a restaurant or bar is that a lot of people just skip out on the bill. That can't be good.

189 posted on 12/21/2002 3:22:00 PM PST by SheLion
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To: ThomasJefferson
Thanks for the message, I don't think anyone here cares about your advice, so spare everyone now that you have given your great message.


190 posted on 12/21/2002 3:24:09 PM PST by SheLion
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To: Behind Liberal Lines
Hey, if you think that's bad, a fast food restaurant in AZ has just been sued by the EOC (What!--That's a govt. agency created to make sure employees are treated fairly, but not have power to sue!). Guess what they are suing about? It seems the restaurant owner asked the employees to please speak English in the place. The employees are all Navajos.

Some of them were being nasty in Navajo and using all kinds of sexual and gross obscenities towards other employees. Result: the offensive four were fired and then they sued the restaurant. EOC and the ACLU climbed on the suit and the restaurant is toast. There is no recourse either- you cannot sue the government. The First Amendment is not recognized by the government if Native Americans are involved, or maybe not at all!

191 posted on 12/21/2002 3:36:33 PM PST by Paulus Invictus
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To: Behind Liberal Lines

192 posted on 12/21/2002 3:49:50 PM PST by SheLion
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To: laredo44
ROTFLMAF! >>>>anti-smokers owe smokers a courtesy>>>>>>>

Thank you, sir. Please forgive me sir, your smoke has set off my asthma. I hope my wheezing doesn't bother you sir. I'll try to be quiet, sir. Thank you, sir. hahahahahahahahaha
193 posted on 12/21/2002 3:58:18 PM PST by Ditter
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To: kmiller1k
I think it is clear some on this thread are feeling afraid that that they may need to put the cigarettes away for the duration of a meal and are experiencing the waves of withdrawal even now just thinking about it.

And you would be thinking wrong, most of us frequently go without a smoke for hours and by choice........ it's the lack of choice we are fighting against.

194 posted on 12/21/2002 6:24:51 PM PST by Great Dane
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To: SheLion





195 posted on 12/21/2002 6:26:14 PM PST by MeekOneGOP
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To: Behind Liberal Lines
Banning cigarette smoking in public places in Los Angeles has been a godsend. It is amazing the difference. I travel and when on the road, I am always amazed when I get back to the hotel and reek of smoke -- it is only then I truly realize what I was exposed to.

I actually think Cities should ban smoking in public places, but that bars and restaurants could apply for a smoking permit, just as they currently must do with liquor licenses. Seems far to all.

196 posted on 12/21/2002 6:42:52 PM PST by TheOtherOne
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To: supercat
I have almost never read anyone here questioning the right of a restaurant owner to ban smoking in his restaurant.

Seems like you haven't read a whole lot, we have always said, if the owner choose to go smoke free there is no problem, but keep the darn government out of it.

197 posted on 12/21/2002 6:50:02 PM PST by Great Dane
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To: MeeknMing
I saw this movie. Crazy! LOL!

Not my kind of smokes, though. heh!

198 posted on 12/21/2002 7:06:44 PM PST by SheLion
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To: TheOtherOne
I actually think Cities should ban smoking in public places, but that bars and restaurants could apply for a smoking permit, just as they currently must do with liquor licenses. Seems far to all.

Why should owners have to bribe government in order to stay in business. ?

199 posted on 12/21/2002 7:16:40 PM PST by Great Dane
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To: Great Dane
Why should owners have to bribe government in order to stay in business. ?

That's what I was thinking.

200 posted on 12/21/2002 7:19:54 PM PST by SheLion
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