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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
The more you say the happier I am that I live in the Northeast!
541 posted on 01/06/2003 7:20:45 PM PST by Mears
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To: Just another Joe
This was all challenged in court and the law was upheld due to studies and other evidence. You are welcome to do a specific study on the issue and you can report back.

I would first go to the legal challenges in court for your information so you won't waste even more of your time.

It was challenged and defended in the State Court in the least.
542 posted on 01/06/2003 7:22:46 PM PST by A CA Guy
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To: qam1
When you state that you know what triggers my asthma, you are very arrogant. Cats also trigger my asthma as does grass.

The chemical contents of the smoke from a cigarette is much different than the exhaust from a car. Grant it, I also don't have car exhaust directly in my face. So maybe if the car exhaust was as concentrated as smoke is when I have been exposed to smoke, maybe I would get an asthma attack.

543 posted on 01/06/2003 7:29:20 PM PST by luckystarmom
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To: Gabz
Gabz,I refuse to quit smoking too.I've smoked for 52 years and am in imminent danger of dying prematurely!!!

Pray for me!!!!!!
544 posted on 01/06/2003 7:31:12 PM PST by Mears
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To: Mears
I don't know if you say that because perhaps you smoke like a chimney, but it is just a case of a nasty habit over time getting out of control.
As time goes on, I see this going national.
545 posted on 01/06/2003 7:31:26 PM PST by A CA Guy
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To: Just another Joe
Well, no one is forcing anyone to ingest the peanuts or seafood. A smoker however does force non-smokers to ingest the smoke.
546 posted on 01/06/2003 7:32:26 PM PST by luckystarmom
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To: qam1
Anybody can lose business as their place gets old in California.
This state has been getting less and less tolerant of older buildings.

I don't think they are out-right liars in the article. I think they have no understanding that their places went down because of normal market place happenings and fewer people go to old fashioned bars in CA these days.
547 posted on 01/06/2003 7:36:12 PM PST by A CA Guy
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To: DoughtyOne
If all bars were private clubs, smoking and smoke free, would that help?
548 posted on 01/06/2003 7:38:27 PM PST by justrepublican
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To: justrepublican
That is the current law. Smoking is okay in a private club.
549 posted on 01/06/2003 7:45:23 PM PST by luckystarmom
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To: MeeknMing
Just thought you might enjoy a different version of the same Abbott and Costello bit.
It's the version that was first performed on their television show in 1952. It's a redux of the original scene from "The Naughty Nineties". Of all the versions out there, I've found this one to be the "snappiest". Enjoy.
550 posted on 01/06/2003 7:50:16 PM PST by Bloody Sam Roberts
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To: A CA Guy
This was all challenged in court and the law was upheld due to studies and other evidence.

You make the claim, you cite the evidence.

551 posted on 01/06/2003 7:58:22 PM PST by Just another Joe
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To: WORLD SUCKELS USAS BREAST
If you exhale you would not mind if I urinated all over the place, including you?

You would attempt this ONCE where I live. You would be shown something that you have probably never seen before.....the other end.


Eaker

552 posted on 01/06/2003 7:58:54 PM PST by Eaker
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To: luckystarmom
Should non-smokers be allowed to join a smoking club and still raise a stink?
553 posted on 01/06/2003 8:03:14 PM PST by justrepublican
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To: luckystarmom
I visited my family in Texas, and got off the plane and could immediately smell the stench of smoke. There were people smoking in the "smoking" section.

You are a liar. Why come here and lie??

No airport that I know of in Texas has a "smoking" section.

Eaker

554 posted on 01/06/2003 8:03:28 PM PST by Eaker
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To: Just another Joe
The evidence I cite is the fact the law still is legal after challenges in court.

That shows right there that it was a sound law.
555 posted on 01/06/2003 8:11:03 PM PST by A CA Guy
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To: Just another Joe
Here is a recent article with some information and studies for:
http://www.delawareonline.com/newsjournal/local/2002/11/18californiasmoki.html
556 posted on 01/06/2003 8:21:38 PM PST by A CA Guy
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To: Just another Joe
http://www.cigargroup.com/calif.htm

A copy of the law in CA for you.
557 posted on 01/06/2003 8:23:54 PM PST by A CA Guy
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To: luckystarmom
To: qam1 When you state that you know what triggers my asthma, you are very arrogant.

LOL! Me arrogant from someone who wants to ban a legal activity just because you don't like it on someone else's private property including ones that you will never set foot in and even though you know it will cause the buisness to lose money. Talk about the pot calling the kettle black

Cats also trigger my asthma as does grass.

From the above I can tell your asthma attacks are caused by allergies and it is impossible to be allergic to cigarettes because allergies are a response to foreign proteins and proteins break apart when burned and are not in smoke.

I won't deny that some people with asthma can be negatively effected by cigarette smoke though most people exagerate it because where were all these people 20+ years ago when 80% of the population smoked, And my point still stands about if we are to take it to the extreme since some people are allergic to beestings all buisnesses should be banned from having live flowers.

The chemical contents of the smoke from a cigarette is much different than the exhaust from a car. Grant it, I also don't have car exhaust directly in my face. So maybe if the car exhaust was as concentrated as smoke is when I have been exposed to smoke, maybe I would get an asthma attack.

No not really, Petroleum products are all derived from dead plants and animals. The smokey end result is pretty much the same. Yes Cigarette smoke contains a small amount of nicotine but nicotine by itself isn't harmful if it were people would be getting sick all the time by eating tomatoes and Eggplant which also contain it.

And I bet you have been in places where car exhaust is more concentrated that cigarette smoke like a toll booth, parking garage, Auto repair shop, etc. Car exhaust is so much worse because there is so much more of it produced. 1 gallon of gasoline weighs ~7.5 pounds, Just look how light a cigarette is It would take hundreds if not thousands of cigarettes burned to equal just one gallon burned.

If you think cigarette smoke is so much worse than auto exhaust I will challange you. I will sit in a garage with 100 smokers puffing away while you sit in a garage with an automobile running lets see who comes out alive.

558 posted on 01/06/2003 8:26:58 PM PST by qam1
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To: luckystarmom
Well, no one is forcing anyone to ingest the peanuts or seafood. A smoker however does force non-smokers to ingest the smoke.

Really, So smokers are grabbing non-smokers at gun point and forceing them into bars and restuarants?

559 posted on 01/06/2003 8:32:02 PM PST by qam1
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To: WORLD SUCKELS USAS BREAST
If you exhale you would not mind if I urinated all over the place,

This one has been around the block sooooooo many times, it needs new sneakers, please be a little more creative.

560 posted on 01/06/2003 8:32:29 PM PST by Great Dane
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