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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: ThomasJefferson
You, sir, have the patience of the saints.
281 posted on 01/06/2003 12:21:24 PM PST by Petronski
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To: ThomasJefferson
Who's whipping the pants off you. Kid? TJ, you're the kid. You have no idea what unintended consequences you foist off on us by your lunacy.
282 posted on 01/06/2003 12:21:42 PM PST by DoughtyOne
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To: DoughtyOne
Was that a strawman arguement? From you?

Apparently you have no understanding of the term "strawman argument".

283 posted on 01/06/2003 12:22:29 PM PST by Protagoras
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To: DoughtyOne
What "unintended consequenses"?
284 posted on 01/06/2003 12:23:26 PM PST by Republic of Texas
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To: DoughtyOne
Let's see - you posted regarding business complying with regulations and I responded to you regarding businesses complying with regulations. What, pray tell does this post of yours have to do with that discussion?:

You and I want to frequent the same establishment. If I sit next to you I'm not going to bother you. You with bother me. Why is it that you think the owner should be deprived of my business so you can smoke?

I'm a reasonable person, so I will address your question, I hope you will give me the same courtesy not only with this, but with my previous question.

Why do you think the owner should be deprived of my business because you don't like smoking?

I only frequent establishments where the owner is interested in my business. If that owner permits smoking, I am not the one bothering you - you are bothering me and the owner because you are complaining about the policy of the owner.

If the owner doesn't permit smoking, you will most not likely find me there, but if I am there - I am more than happy to abide by the rules of the establishment.

285 posted on 01/06/2003 12:23:39 PM PST by Gabz
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To: Myrddin
Idaho sounds like my kind of state.

Why on earth did you leave California?
286 posted on 01/06/2003 12:23:54 PM PST by Mears
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To: Petronski
You, sir, have the patience of the saints.

Yeah, but my fingers are getting tired. Time to go soon anyway.

:^}

287 posted on 01/06/2003 12:24:00 PM PST by Protagoras
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To: DoughtyOne
....let me guess, you were raised by UBER PARENTS,

.... or an only child, which means you were raised by UBER PARENTS!

288 posted on 01/06/2003 12:26:20 PM PST by GrandMoM
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To: Old Professer
I quit smoking to gain acceptance by our increasingly intolerant of smokers society. I am not asking the smokers to be as sensitive as I am; I am asking them simply to recognize that they stink- their close, and their mouth odor! By realizing that, and covering the stink up; and by getting their nicotine fix away from people, they can continue to smoke, and be acceptable, in the same time.
289 posted on 01/06/2003 12:26:44 PM PST by philosofy123
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To: GrandMoM
I didn't whine to the government.  Evidently a lot of other people did.  If you live in California then you know the non-smoking and smoking sections were frequently unseparated by any means other than, this seat here is non, the one next to it is smoking.  With a common air circulation system, the smoke was disbursed to the whole restaurant quite often.

As for meds, I'll leave that department ot you.  Have a nice nap.

290 posted on 01/06/2003 12:27:32 PM PST by DoughtyOne
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To: philosofy123
That's all fine and dandy, but how does that give you the right to tell a restaurant owner what to do with his property?
291 posted on 01/06/2003 12:27:56 PM PST by Republic of Texas
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To: DoughtyOne
Who's whipping the pants off you. Kid?

Not that it matters much, but perhaps you should read all the other posts here, your opinion as to your success in making your point, whatever it is, seems to be invalid .

292 posted on 01/06/2003 12:28:12 PM PST by Protagoras
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To: DoughtyOne
You folks simply refuse to accept the fact that there were NO non-smoking restaurants or bars until the bans went into effect.

You must live in a bubble. I've been aware of non-smoking restaurants for more than 20 years and I have never lived in California.

Good Grief.

293 posted on 01/06/2003 12:28:26 PM PST by Gabz
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To: ThomasJefferson
Ha ha ha. Once again you have a right to smoke, but I have no right to breathe clean air. Boy you're a bright guy.
294 posted on 01/06/2003 12:29:07 PM PST by DoughtyOne
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To: ThomasJefferson
You, sir, have the patience of the saints.

I concur. I've left this thread in exasperation several times already.

Here's to the "unintended consequences" foisted on us by ThomasJefferson's (and others') "lunacy". I think they used to call it freedom or liberty, once upon a time.

What has happened to our "land of the free" and "home of the brave"?
295 posted on 01/06/2003 12:29:13 PM PST by babyface00
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To: DoughtyOne
Why should a restaurant owner have to have a smoking section at all if they don't want one?
296 posted on 01/06/2003 12:29:15 PM PST by Republic of Texas
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To: babyface00
We've become a nation od sissies.
297 posted on 01/06/2003 12:30:19 PM PST by Republic of Texas
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To: ThomasJefferson
And you sir have no idea that the policies you promote prevent any possible regulation of matters that could result in your death or loss of financial standing.
298 posted on 01/06/2003 12:30:21 PM PST by DoughtyOne
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To: AppyPappy
DoughtyOne never went to a doctor's office in the fifties either,smoke filled heaven.
299 posted on 01/06/2003 12:31:10 PM PST by Mears
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To: DoughtyOne
" And you sir have no idea that the policies you promote prevent any possible regulation of matters that could result in your death or loss of financial standing. "

Does that sentence mean anything, or did you just pull those words out of a hat?

300 posted on 01/06/2003 12:31:44 PM PST by Republic of Texas
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