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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: Just another Joe
Sure, as you or I should do. I agree.

In CA the most frustrating thing is that we passed Prop 187 and by history at least the Gov. Davis is to defend all propositions in court depite politics.

For the first time historically, Davis did not defend 187, so we have billions a year go to illegals through our state's system and education funds.

That issue has plenty in CA scratiching their heads and it seems nobody knows what to do about that except elect a Gov who will go to court for 187.
501 posted on 01/06/2003 6:30:13 PM PST by A CA Guy
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To: qam1
Well, today in CA it is illegal to smoke in a business where the public has access to thier business.
In your private home business, no such rule exists.

Patrons would probably call the cops on their cell phones before the owner even got involved today. Ten years ago, the owner would be involved first almost always.

CA in the last bunch of years have gotten better with the air.
502 posted on 01/06/2003 6:36:32 PM PST by A CA Guy
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To: Just another Joe
We don't want to lower society to allow your unination bar, no!
503 posted on 01/06/2003 6:39:39 PM PST by A CA Guy
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To: Just another Joe
Been around smoke and perfume. Only smoke is offensive enough to require a law.
504 posted on 01/06/2003 6:41:03 PM PST by A CA Guy
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To: luckystarmom
It depends on what triggers your asthma. I am not allergic to street exhaust, but I am to smoke.

Bull, They are pretty much the same thing, The are both the end product of the burning of organic material. The only difference is that smoke comes out of the tailpipe much hotter than it comes out of a cigarette which makes it invisable (Notice car exhust is white smoke when it is cold). I bet you are also magically not allergic to campfires or fireplaces.

Sorry these "allergies" are just an act you pull because you don't like smoking.

505 posted on 01/06/2003 6:41:29 PM PST by qam1
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To: timm22
Smokers can go outside for a quick smoke or to the parking garage at work if you want to be indoors.
I would hope the addictions are not so bad that they become incapacitated by their smoking habit. How sad that would be.
506 posted on 01/06/2003 6:43:07 PM PST by A CA Guy
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To: A CA Guy
So the federal, as opposed to the state or local government should provide you a safe haven from this irritating and possibly dangerous smoke. Have I got that right?
507 posted on 01/06/2003 6:46:41 PM PST by Dec31,1999
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To: A CA Guy
Smokers caused people with allergies to need to use a lot of allergy medication. That is selfish, rude and a thing of the past.

What about those that want seafood, honey, anything with peanuts?????

Get a grip on reality.

508 posted on 01/06/2003 6:48:08 PM PST by Gabz
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To: A CA Guy
Yes, it's all very sad. Now would you answer my question, please?
509 posted on 01/06/2003 6:50:31 PM PST by Dec31,1999
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To: Dec31,1999
What Federal law are you talking about, so we can be on the same page?

But if Moses himself appears to smokers and slaps their hands and needs to teach them manners, so be it.
510 posted on 01/06/2003 6:50:57 PM PST by A CA Guy
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To: A CA Guy
We don't want to lower society to allow your unination bar, no!

I didn't say we did.
Hypothetical situation. But you didn't give me an answer.

511 posted on 01/06/2003 6:51:16 PM PST by Just another Joe
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To: A CA Guy
Well, today in CA it is illegal to smoke in a business where the public has access to thier business. In your private home business, no such rule exists.

Well just because there is a law doesn't make it right, Jim Crow laws come to mind

Patrons would probably call the cops on their cell phones before the owner even got involved today. Ten years ago, the owner would be involved first almost always.

Apparently not, since 40-60% are still in noncompliance

512 posted on 01/06/2003 6:52:49 PM PST by qam1
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To: A CA Guy
Only smoke is offensive enough to require a law.

To you.
There ARE people that find the aroma of tobacco nice.
There ARE people that wear so much perfume/cologne that it IS offensive enough.
But you don't advocate laws for them?
Sounds a little hypocritical to me.

513 posted on 01/06/2003 6:53:17 PM PST by Just another Joe
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To: A CA Guy
Thank you. We're making progress here.
514 posted on 01/06/2003 6:54:20 PM PST by Dec31,1999
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To: Gabz
What about those that want seafood, honey, anything with peanuts?????
Get a grip on reality.

What the F are you talking about. This is a health issue more than about a preference to do what you want.

515 posted on 01/06/2003 6:54:42 PM PST by A CA Guy
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To: A CA Guy
"Smoke invades a whole room, meanwhile perfume goes a few feet.
I can testify to that myself. I am sensitive to both and perfume is far less an issue. Especially compared to smoke.
Smoke also soils others clothes with its smell."


I dunno, I need some metrics...
516 posted on 01/06/2003 6:55:05 PM PST by YummiBox
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To: A CA Guy
This is a health issue more than about a preference to do what you want.

And again, BS.
Point me to the study that has not been debunked or completely thrown out by peer review that says ETS is harmful to those that do not have a pre-existing medical condition.

517 posted on 01/06/2003 6:56:37 PM PST by Just another Joe
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To: Gabz
What about those that want seafood, honey, anything with peanuts?????

Why stop there, Unlike the fake allergies to cigarette smoke Millions of American have "Real" allergies to bee stings and unlike ETS it is proven that some people will die from those allergies so it should be illegal for every buisnesses to have flowers

518 posted on 01/06/2003 6:57:24 PM PST by qam1
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To: A CA Guy
Smokers can go outside for a quick smoke or to the parking garage at work if you want to be indoors. I would hope the addictions are not so bad that they become incapacitated by their smoking habit. How sad that would be.

I'm sorry, I thought we were discussing property rights and the legitimate powers of government. Was this post supposed to be addressed to me?

519 posted on 01/06/2003 6:58:24 PM PST by timm22
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To: Just another Joe
Well due to sanitary situations that won't ever happen. I mentioned elsewhere they in CA banned even booze in some nude bars due to violence.
Local stuff or higher gets involved to protect society at large.
In the case of smoking, the majority wants it banned in public and it has done harm, so ther needed to be a remedy.
520 posted on 01/06/2003 6:58:41 PM PST by A CA Guy
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