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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: A CA Guy
I mentioned they have always historically been restricted by city, state and fed laws.

ALWAYS? Isn't that a strong statement?
There haven't been LAWS and/or REGULATIONS about ANYTHING, ALWAYS.
IMO we could do with a lot LESS laws and/or regulations.

441 posted on 01/06/2003 5:12:05 PM PST by Just another Joe
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To: Dec31,1999
And, I just had another thought: If the majority on any issue can vote against the minority on any issue, what is to prevent us from going the way of Nazi Germany? I.e., the tyranny of the majority?

At this juncture, I am reminded of Martin Niemoeller:

“I Didn’t Speak Up

In Germany, the Nazis first came for the Communists, and I didn’t speak up because I wasn’t a Communist. Then they came for the Jews, and I didn’t speak up because I wasn’t a Jew. Then they came for the trade unionists, and I didn’t speak up because I wasn’t a trade unionist. Then they came for the Catholics, but I didn’t speak up because I was a Protestant. Then they came for me, and by that time there was no one left to speak for me.”

Martin Niemoeller

442 posted on 01/06/2003 5:12:50 PM PST by Taxman
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To: qam1
The helthcare costs along the way would go down though.

PS: Some red meat is good. SUVs protect the driver from other bad drivers. The rest as you say should be used harly at all.
443 posted on 01/06/2003 5:14:35 PM PST by A CA Guy
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To: Taxman
And, while I am thinking of it, wherein is it stated that a state law can violate the U.S. Constitution?

Nowhere, which is my point, exactly.

444 posted on 01/06/2003 5:19:14 PM PST by Dec31,1999
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To: Just another Joe
In the time we have been alive there have been restrictions based on the region where you want to do business. Like any other laws, most are there to make a place where lots of people live get along better.

"Always" because there has always been a restriction of some kind. In the days of our founding fathers, many buisinesses would not even be allowed to open and would have been burned down. Example: An XXX store.

I don't like them in our cities, but they make an excellent example for you of what I mean.
445 posted on 01/06/2003 5:19:41 PM PST by A CA Guy
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To: Republic of Texas
It just means that restaurants/bars aren't suffering because of the ban.
446 posted on 01/06/2003 5:20:14 PM PST by luckystarmom
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To: A CA Guy
The helthcare costs along the way would go down though.

In the short run, perhaps.
Then all those nonsmokers would live into their 80s and 90s and require long term health care.
Watch the health costs shoot up THEN.

447 posted on 01/06/2003 5:21:02 PM PST by Just another Joe
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To: A CA Guy
You are correct. Not every business can sell alcohol. They have to have a liquor license.
448 posted on 01/06/2003 5:24:05 PM PST by luckystarmom
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To: Gabz
I think the non-smoking ban will go nation-wide eventually though.
The cost to people with allergies is to high as is the cost of cleaning our clothes to get the smell of smoke out.

Here in CA it has been a blessing. People with allergies are no longer forced to buy a bunch of medication to breath in public indoor places.
449 posted on 01/06/2003 5:24:05 PM PST by A CA Guy
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To: A CA Guy
You are correct. Not every business can sell alcohol. They have to have a liquor license.
450 posted on 01/06/2003 5:24:14 PM PST by luckystarmom
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To: A CA Guy
Like any other laws, most are there to make a place where lots of people live get along better.

That could be what it used to mean. Not anymore.
The laws being passed now are only to make more criminals.
I cannot remember EVER hearing about a law, unless it was in a totalitarian/facist/socialist govt, that isolated, at least, 1/4 of the population.

451 posted on 01/06/2003 5:24:51 PM PST by Just another Joe
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To: Taxman
And, I just had another thought: If the majority on any issue can vote against the minority on any issue, what is to prevent us from going the way of Nazi Germany? I.e., the tyranny of the majority?

With all due respect, your error is in thinking that all laws are federally-based. It's not true. Local communities have a right to make their own laws, excepting Constitutional restraints.

452 posted on 01/06/2003 5:25:20 PM PST by Dec31,1999
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To: luckystarmom
Prove it.
453 posted on 01/06/2003 5:26:01 PM PST by Republic of Texas
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To: A CA Guy
People with allergies are no longer forced to buy a bunch of medication to breath in public indoor places.

You keep saying 'public'. These bans are not affecting 'public' places. They are affecting privately owned establishments.
These are not 'public' places.
The public is INVITED into these establishments at the will of the owner.

454 posted on 01/06/2003 5:27:14 PM PST by Just another Joe
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To: luckystarmom
Most restaurants have beer and wine licenses though. That alone has hurt the regular bars.
455 posted on 01/06/2003 5:28:14 PM PST by A CA Guy
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To: A CA Guy
Just so you know, when they ban something important to you, and they will, there will be some sanctimonius a-hole telling you what a "blessing" it is. There always is.
456 posted on 01/06/2003 5:28:43 PM PST by Republic of Texas
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To: A CA Guy
Yeah right. Asthma comes more from living within a mile of a busy street than cigarette smoking.

IMHO:You are in denial.

457 posted on 01/06/2003 5:31:52 PM PST by Dec31,1999
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To: Just another Joe
Look, it is no longer illegal to urinate in public and I think that law is only a few decades old and affected all the population who preferred unrinating in public.
So now a quarter of the population has their habit restricted but not eliminated.
There are thousands in each state who no longer have to take medication to put up with smokers in public.
It was a law who's time was well over-due.
458 posted on 01/06/2003 5:32:48 PM PST by A CA Guy
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To: free me
"That is why the ban had to be based on the supposed "unsafe working enviroment" argument"

If that is really the case, then theoretically, now that that argument has been debunked, the bans should be lifted.

459 posted on 01/06/2003 5:35:07 PM PST by sweetliberty
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To: A CA Guy
It was a law who's time was well over-due.

So will be the one stating that some group must wear a visible yellow star whenever in public.
Hopefully you will be in that group so that you can experience what you have wrought.

460 posted on 01/06/2003 5:37:00 PM PST by Just another Joe
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