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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
What the F are you talking about.

Gabz is talking about people allergic to seafood or peanuts.
There are schools where peanut butter sandwiches have been banned because one, I repeat ONE, child is allergic to peanuts.
Shouldn't there be laws banning seafood and peanuts in any form? This is, of course, using YOUR premise.

521 posted on 01/06/2003 6:58:56 PM PST by Just another Joe
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To: Max McGarrity
Great points,Max.

The poor guy is awash in self pity because he can't have it his way. Boo Hoo!!
522 posted on 01/06/2003 7:00:15 PM PST by Mears
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To: YummiBox
What you say is true and smokers know that.
523 posted on 01/06/2003 7:00:29 PM PST by A CA Guy
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To: A CA Guy
In the case of smoking, the majority wants it banned in public and it has done harm, so ther needed to be a remedy.

Again, point me to the scientific study.

Ah, the tyranny of the majority. I wouldn't want to live in a state where the majority could vote me out of my property rights.

524 posted on 01/06/2003 7:01:52 PM PST by Just another Joe
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To: Just another Joe
About at least a third are affected by the air they breath I think, based on the attacks I used to get and see.

They cause 100% of the laundry to need cleaning by the disgusting smell.
525 posted on 01/06/2003 7:02:01 PM PST by A CA Guy
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To: timm22
There is no property rights for business that outweight local, state and federal regulations.

If that was all you needed to know, that is your answer and you can move on to the next thread.
526 posted on 01/06/2003 7:03:58 PM PST by A CA Guy
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To: A CA Guy
About at least a third are affected by the air they breath I think, based on the attacks I used to get and see.

30% of the general public were caused harm by ETS?
Where do you get this data from, other than anecdotal?

527 posted on 01/06/2003 7:04:16 PM PST by Just another Joe
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To: Just another Joe
Well for your information there are laws that require separation in cooking of foods.
I am alergic to seafood. I went to a Hometown Buffet and had fries. I broke out in welts all over my hands and arms. Later found out they cooked the fries in the same oil as the fish.
THAT WAS ILLEGAL. So yes, sometimes due to 1 person, some things have to be done a special way as to not kill them.
528 posted on 01/06/2003 7:07:20 PM PST by A CA Guy
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To: Just another Joe
I can testify myself to smoke causing me asthma attacks and that I could not go out into public places before without high doses of medicine for allergies.
Now I hardly need medicine in life ever. This is the same story for many others in CA as well.
529 posted on 01/06/2003 7:09:39 PM PST by A CA Guy
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To: Max McGarrity
Can you imagine any adult giving up smoking to gain acceptance?

Sounds like a real head case to me!
530 posted on 01/06/2003 7:10:05 PM PST by Mears
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To: A CA Guy
There is no property rights for business that outweight local, state and federal regulations.

Hmm. I guess a large chunk of the Bill of Rights is meaningless then. I guess that means there is no limit to government power, then?

Does that also mean that if the Feds decided to nationalize all industries and businesses in the country, no rights would be violated?

Are you sure you are on the right website?

531 posted on 01/06/2003 7:10:44 PM PST by timm22
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To: Just another Joe
You ask around after the smoking ban went into affect and tons of non-smokers told of their troubles with smokers before and how great it is now. It has been a blessing.
532 posted on 01/06/2003 7:11:25 PM PST by A CA Guy
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To: timm22
Just means that businesses run under restrictions.

As an example, you can't just pour anything down your business drains.
533 posted on 01/06/2003 7:13:24 PM PST by A CA Guy
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To: A CA Guy
I can testify myself to smoke causing me asthma attacks

All you can give is anecdotal evidence.
That SHOULD not be enough to completely prohibit an otherwise legal activity in a private establishment and you KNOW it.

534 posted on 01/06/2003 7:13:39 PM PST by Just another Joe
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To: A CA Guy
More anecdotal evidence.

Give me solid scientific evidence and then let's talk.
Gotta go now but don't give up. You might convince yourself, or a liberal, that this is a correct course of action.

535 posted on 01/06/2003 7:15:37 PM PST by Just another Joe
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To: Just another Joe
Believe me, the law did not come about only due to me and anecdotal evidence. They had millions of more folks like me they knew of as well. "And You Know It" LOL
536 posted on 01/06/2003 7:16:54 PM PST by A CA Guy
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To: A CA Guy
Well for your information there are laws that require separation in cooking of foods.

We're not talking about food provided by the school.
We're talking about a kid bringing a peanut butter and jelly sandwich from HOME.

537 posted on 01/06/2003 7:17:08 PM PST by Just another Joe
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To: DoughtyOne
Going in to public place we are equals.

You are wrong. You, as a person who would exercise his freedom to choose and take your business elsewhere...perhaps to a place that has separated smoking and non smoking sections...wield greater power than the rest.

Your views are not commensurate with the freedoms and ideals that most in this forum cherish.

538 posted on 01/06/2003 7:18:44 PM PST by Bloody Sam Roberts
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To: A CA Guy
You ask around after the smoking ban went into affect and tons of non-smokers told of their troubles with smokers before and how great it is now. It has been a blessing.

Yeah sure, Then what was the purpose of that article? Are you trying to say all the people in that article are lying?

539 posted on 01/06/2003 7:18:52 PM PST by qam1
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To: A CA Guy
Believe me, the law did not come about only due to me and anecdotal evidence.

You're right. It came about due to anti-smokers, much like yourself, lying through their teeth.
They knew they couldn't do it only as a 'nuisance' so they lied about studies relating to the 'health hazard' aspect of ETS.

540 posted on 01/06/2003 7:19:13 PM PST by Just another Joe
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