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CALIFORNIA: 5-year-old ban in bars leaves owners, customers fuming
Appeal-Democrat.com ^ | 5 January 2003 | Scott Bransford

Posted on 01/06/2003 6:58:16 AM PST by SheLion

It's been in place for five years now, but many Yuba-Sutter bar owners and patrons said they have yet to become accustomed to California's ban on smoking in bars.

At establishments such as Stassi's Fourth Ward Tavern in Marysville this weekend, business owners were still fuming over the ban, which took effect in January 1998.

The ban - a first for the nation - was intended to protect bartenders from health risks posed by second-hand smoke.

Yet Roy Newlove, the owner of Stassi's for roughly 10 years, said it does nothing more than slow business and cause headaches for his employees. Like many, Newlove called the ban a misguided attempt to protect public health.

"I think if the government helps me one more time I'll be out of business," Newlove said as most of his customers nodded in agreement.

Many bar owners throughout the area agreed the ban is a nuisance that has diminished the charm of going out for a drink.

Debbie and Doug Erhardt, the owners of Field and Stream Tavern in Marysville, said business has fallen off by as much as $2,000 on weekends since the ban took effect.

Fewer people want to go to Field and Stream now because the smoking ban forces them to go outside whenever they want to have a cigarette, Debbie Erhardt said.

"Nobody wants to go outside in 100 degree weather or in the cold," Erhardt said.

Ernie Leach, owner of the Corner Bar in Yuba City, said the ban has not been a major obstacle to building a clientele. Since he opened the bar a year ago, Leach said he never had to face the difficulty of telling loyal customers to put out their cigarettes.

However, the ban often causes him to force customers outside when they want to light up, Leach said.

"I have people complain about it all the time, but they just have to go outside," Leach said. "I think a person ought to have a choice and especially at a place called a bar."

The ban also has caused frustration among bartenders, who say it has added stress to their jobs.

Nancy Simpson, 40, a bartender at Jack's Tavern in Marysville, said the ban hurts bartenders who smoke by forcing them to leave their customers behind whenever they want to light up.

The ban also encourages smokers to sneak drinks outside the bars so they can drink while smoking, she said.

"They walk out with their drinks and then I have to ask them to leave," Simpson said.

Newlove said the ban also adds noise to streets and creates unsightly - and sometimes unruly - crowds outside bars.

"As soon as you've got everybody outside you lose control," Newlove said.

Some bar owners have managed to circumvent the ban by taking advantage of areas not covered in its language. Since the ban is intended to protect bar employees - and not bar owners - some entrepreneurs have exempted themselves from the ban by making all of their employees part owners.

Since they technically have no employees, owner-operated establishments can apply for exemptions through county agencies.

In Sutter County, there are at least three bars which have obtained such exemptions. They include Yuba City bars such as the Spur, Dowers Tavern and the 21 Club.

No information was available Saturday on whether there were any owner-operated bars in Yuba County.

Mary Benedict, a part owner of the Spur, criticized the ban and said the exemption has helped her clientele stay steady.

"You're supposed to be able to smoke and drink in a bar," Benedict said. "Governments hurt small businesses too much anyway."

Some bar owners in Marysville said exemptions in Yuba City bars have affected their businesses.

George Matsuda, the owner of Daikoku restaurant in Marysville, said fewer customers want to come to the bar in his business.

"The people that like to smoke, they've got to leave and go to a place where they can smoke," Matsuda said.

Bar patrons also criticized the ban. Some called it an infringement on their civil liberties.

Smoking outside Stassi's Fourth Ward on Saturday, Strawberry Valley resident Dennis Travis, 61, said the ban sometimes makes him think of moving to a state where smoking bans aren't in effect.

Travis said public officials are going too far in their attempts to eliminate health risks.

"We're trying too hard to protect people," Travis said.

Marysville resident Carl Supler, 59, said the ban is an affront to veterans who fought in foreign wars in an effort to preserve civil liberties.

"It's just one more of our freedoms taken away," Supler said. "We fought for this country and most of us didn't come back. Now we've got these bleeding hearts telling us what we can and can't do."

 


TOPICS: Activism/Chapters; Culture/Society; Government; US: California
KEYWORDS: addicts; antismokers; attractivehabit; bans; butts; cancerforeveryone; cigarettes; individualliberty; istinksowillyou; iwilldowhatiwant; mrsgrundys; myrighttostink; nannystaterssuck; niconazis; pantiesinawad; prohibitionists; pruneylips; pufflist; righttoaddiction; righttopollute; rottinglungs; screwnonsmokers; selfishaddicts; shutupitsmyworld; smokingbans; smokingyourrights; stinkybreath; stinkyclothes; stinkyfingers; taxes; tobacco; worldisanashtray; wrinkledskin; yellowbellywhiners; yellowteeth
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To: Age of Reason
I do wish they'd spend as much effort developing a safe cigarette as they spend figuring out how to ban them.

I'm not sure how they can do that, without taking the good taste out of them.

It's like french fries and alcohol. How can you remove the bad ingredients without removing the good taste. Not sure if this can be done. They tried it with hamburger...some kind of bean sprouts. But it's tastes terrible.

121 posted on 01/06/2003 9:17:12 AM PST by SheLion
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To: DoughtyOne
But what about bartenders and wait staff that do smoke - did anyone bother to ask them if they wanted the nanny-do-gooders to tell them what kind of atmosphere they have to work in??????
122 posted on 01/06/2003 9:18:02 AM PST by Gabz
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To: DoughtyOne
I've been smoking a pack a day, for twenty years. Nobody can tell. I make it a point to ensure that I do not offend others in the practice of my habit. My coworkers do not know, nor do customers of my business (nor will they EVER know).

I know that smoke is foul. I would consider myself weak if I could not control the urge to wait until I were in an area that no one could be offended before lighting a cigarette.

However, If a bar owner wishes to allow smoking, they should be allowed to. Patrons have the right to not enter. It IS a private business, and while that still means something, it should be respected.

123 posted on 01/06/2003 9:18:22 AM PST by ImaGraftedBranch
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To: DoughtyOne
The Constitution doesn't guarantee you the right to be an idiot.

Stop the flaming now, or move on. Or is smokers the biggest thorn in your side post 9-11?! If it is, must be nice!

124 posted on 01/06/2003 9:19:07 AM PST by SheLion
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To: DoughtyOne
fascism; An economic system in which property is privately owned but government controlled.
125 posted on 01/06/2003 9:20:49 AM PST by Protagoras
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To: JJDKII
You've got exactly the kind of government you deserve; learn to live with it.

I think we lost DoughyOne. Some RAT has taken over his computer. ugh!

126 posted on 01/06/2003 9:21:04 AM PST by SheLion
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To: SheLion
But I can pay for the personal abuse right. And not only that I can forgoe the pleasure of smelling, tasting and enjoying my meal. Then I can pick up the laundry bill. Have I thanked you yet?

You stink up the place.
You expose me to carcinogenic smoke.
You prevent me from smelling my meal.
You prevent me from tasting my meal.
You cause me to have to send my clothes to the cleaners.
If I happen to have a wife, I get to pay for cleaning her clothes as well.
If we have children, we get to clean their clothes as well.
A family of four is exposed to your smoke.

All I ask of you is not to smoke.
You'll be able to taste your food better.
You'll be able to smell your food better.

That's it. God I'm a meanie!

127 posted on 01/06/2003 9:21:29 AM PST by DoughtyOne
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To: Freedom4US
Interesting. I was unaware that non-smokers in the past were forced into smoking establishments in California. You people are goofier than I thought.

More LIBERAL then I thought, too. Even in Free Republic. Go figure.

128 posted on 01/06/2003 9:22:24 AM PST by SheLion
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To: philosofy123
Smokers must realize that they are the offenders.

EXCUSE ME - who are you to tell anyone what they MUST do? if I am in an establishment that welcomes smokers and smoking, the only offenders are those complaining about the smoking.

They must make every effort to gain acceptance by the rest of us.

To be honest, I really don't care if I am acceptable to anyone taking that type of position. I only go places where I am welcome. If you don't find smokers to be acceptable, don't bother going places where smokers are welcome and considered acceptable.

It's very simple.

129 posted on 01/06/2003 9:24:08 AM PST by Gabz
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To: DoughtyOne
All I ask of you is not to smoke. to turn over the control of your property to me.

Ask people not to smoke on YOUR own property.

130 posted on 01/06/2003 9:24:33 AM PST by Protagoras
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To: luckystarmom
I really don't care what people do in their home, but I don't want to smell it when I'm eating, working, shopping, or out in other public places.

Don't worry, soccer mommy. We don't want to be around YOU, anymore then you want to be around us.

131 posted on 01/06/2003 9:24:50 AM PST by SheLion
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To: DoughtyOne
That's it. God I'm a meanie! coward. And as such, I always support people with guns forcing people to do what I want them to do.
132 posted on 01/06/2003 9:26:33 AM PST by Protagoras
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To: DoughtyOne
Just because smokers don't want to taste or smell their food, that doesn't mean that every other patron must forgoe the pleasure.

Dream on. You sure are gullible!

As for stinky clothes: one can wash clothing. But one cannot wash off bigotry. And that is where your coming from, my friend. Your a bigot.

133 posted on 01/06/2003 9:28:01 AM PST by SheLion
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To: SheLion
I don't know what's going to happen at Dover Downs at this point.

The vast majority of the seats at the track are outdoors. As far as I know there is not going to be a prohibition for smoking in the stands.

Banning smoking in the outdoor stands at the track is hysterical. As if the outdoor air at the race track is so clean and pure during all those hundreds of miles of those three days!!!!

134 posted on 01/06/2003 9:28:56 AM PST by Gabz
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To: luckystarmom
I really don't care what people do in their home, but I don't want to smell it when I'm eating, working, shopping, or out in other public places Private property.
135 posted on 01/06/2003 9:29:03 AM PST by Protagoras
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To: ThomasJefferson
You have the constitution behind you right? So anotherwords I'm trapped in my home if I want to go out to a movie, a restaurant, a bar, dancing or any other public place you defend as being able to do business with known carcinogenic substances infecting the patrons. That's an interesting concept.

Is it your premise that a business can poison the public in other ways too? I mean it's guaranteed by the Constitution isn't it? Come on hot shot, tell me how any proprietor should be able to place a known poison filler in patron's food if that's what he wants to do.

I'm waiting. Why don't you change your pseudonym to Barnie Jefferson?

136 posted on 01/06/2003 9:29:16 AM PST by DoughtyOne
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To: Nephi
If not, perhaps, bars could identify themselves as a "private club." Once a non-member enters, they could be sponsored for membership by any member inside.

I think the anti's have that covered. If you have just ONE employee working for you, smoking is not allowed. Something about protecting the health of the employee. Even if the employee is a smoker himself.

137 posted on 01/06/2003 9:30:15 AM PST by SheLion
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To: ThomasJefferson
It is private property that is serving the public. Therefore public safety comes into play. If the restaurant owner wants to invite people in for a free dinner, I might actually agree with you. Otherwise a person obtaining a business license must comply with certain standards.
138 posted on 01/06/2003 9:31:14 AM PST by DoughtyOne
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To: ThomasJefferson
;) Row faster...
139 posted on 01/06/2003 9:33:09 AM PST by DoughtyOne
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To: DoughtyOne
That's it. God I'm a meanie!

The only thing that bothers me about you is your narrow-minded thinking. All for you and none for me.

Well, rest easy. You do not pay my bills, and I only hang out with friends (smoking and non-smoking alike) who do not have this midget mentality against smokers. And we only spend our money in the places here that allow smokers. Life is good. Until I come into Free Republic and see the people that really don't want us to be Free. That's my beef right there. And that's what worry's me about your kind.

140 posted on 01/06/2003 9:34:48 AM PST by SheLion
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