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May 2, 2007

Bars Claim Loss of Business Over Smoking Ban

marlboro_lights.jpgIt's been five months since D.C. took on a smoking ban in its bars, and all the grousing over not having a place to light up seems to have died down. But news coming from the Restaurant Association Metropolitan Washington may change that.

According to FreeRide, a survey by the restaurant lobby group -- which strongly opposed the smoking ban -- claims that 35 percent of bars and restaurants reported a loss of revenue after the ban took effect. In one case, a bar reported losing 50 percent of its business. An article in the Washington Times in late February highlighted the same trend, quoting bar-owner extraordinaire Joe Englert, whose many establishments were said to have lost up to 40 percent of their business in the first two months after the ban was enacted.

We put in a quick call to the association to get more details, but the most they could offer us was that they had emailed 1,000 bars, restaurants and other establishments, though they didn't say how many had responded, what the average reported loss of business was or if they controlled for any other variables. We've been skeptical of these claims in the past, mostly because few, if any of the other cities or municipalities that have imposed such bans have reported any significant losses in business.

But maybe smokers were right, and the District may buck that trend. The District's ban allows for exceptions for bars and restaurants that prove a loss of 15 percent of gross revenue, though the losses have to be directly linked to the imposition of the ban. According to District officials, the Department of Health is currently accepting applications for exceptions to the ban.

What say you? Are the losses real? If so, is the potential benefit to your health worth that loss in business? Or should the ban be done away with?


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Comments (155)

Oh, I'll bite. It's most probably BS. A 'study' whose authors obviously have a vested interest and can't give you even basic data sounds like BS. Throw in the fact that DC would be the very first major US city to have such an outcome, and it's safe to say that without further proof this just isn't credible.

 

I still don't understand the logic of the exemption. Is it permanent? Do they have to show a decline in revenue each year? And if they are losing money every year, then maybe it has nothing to do with smoking.

I understand the intent of this exception, but it doesn't make any sense in the long run. A bar that allows smoking would have its revenue skyrocket due to all other bars not allowing it; should they continue to receive this subsidy year after year just because they had one bad year?

 

I call BS. Yeah, I totally buy their self-reporting. I'd have to see the whole study, for sure.

 

Why DC is affected differently than other cities by the smoking ban, from a former DC bartender in Adams Morgan:
1) Far bigger international crowd, with much higher smoking rates than other cities
2) Far younger population than most cities, between the ages of 22-35, widely known to be social smokers - a crowd which also cares far less about being around smokers and second hand smoke (don't bother telling me how much you personally do care - i have worked in very crowded bars where literally half the crowd is lighting up)
3) Given the above, and unlike many other cities, drinking in bars is DC's official pastime
4) Low number of bars with outdoor spaces
5) Ease of heading across the bridge to bars where you can smoke

It really isn't hard to see why the dropoff in business might be much greater here.

Go on, flame away.

 

A loss in business over what? Last month, last year at the same time? Was weather factored in? This was a crappy winter and I know I didn't go out as much because of that. if retailers can account for things like this then these guys should too. Let's see some real numbers. The actual survey is unavailable on their website (which has got to be the worst website I've seen in a while.)

 

Andrew Kline (atty for the restaurant assoc and over-priced enemy of VAs city wide) and his bette noir smoking ban foe Mark Lee have zero cred.

Just ask anyone who's ever sat across the table from them. Oh, those people might fear the RA's economic might, and they might (at one time) have feared Mark Lee's email attacks, but that's not the same as buying their BS.

 

DC smoker, I shall not flame, I shall merely point out that those observations are about as accurate as one would expect from an Adams Morgan bartender.

1) There is no way DC has a larger foreign born percentage of its socializing population than New York, LA, etc.
2) The average age of NYC is 34.2 (18.8% of its pop in their 20s), the average age of LA is 31.6 (15.6% of the pop in their 20s), and the average age of DC is 34.6 (18.3% of the pop in their 20s).
3) I don't have data on how officially-pastimey drinking in bars is here, but based on a simple observation, I don't think there is any reason to think DC is more of a lush town than any other city (my guess is that it's less so).
4) Again, no data on it, but simple observation tells me that there are way more bars with decks in DC than in NYC, plus there are more warm days here.
5) Just give it time, there won't be smoking in VA or MD much longer.

 

Drinking in bars is DC's pasttime? Really? That hasn't been my experience. So many in DC pride themselves on how many 15 hour workdays they can pull. That doesn't leave much time for drinking.

And travelling across the bridge for smoking bars..... isn't NJ smoking (I could be wrong)? Can't New Yorkers just cross the river to enjoy NJ smoking?

Bars are notorious for losing money due to employee theft, bar owners snorting profits up their nose, fickle bar patrons choosing a new 'hip' spot, etc. And it's a very volatile, fickle business. It'd be very easy to be off 20, 30, or 40% from a previous year. And it would have nothing to do with smoking.

Maybe the bar's service started to suck. Maybe the new DJ sucks. Maybe that block became known for too much street crime. Maybe they cut back their hours or discontinued popular events. Maybe the owner cuts some 'off the top'.

 

So people start off this thread by knocking the report for having little to back up its stats, and then Reid tries to refute a bartender (who should know these things better than a non-bartender) with words like "I don't have the data" and "no data on it." Or by saying "there is now way," and then not providing any data. Or by using stats that actually back up DC Smoker's assertion that there are a lot of 20-year-olds in DC.

Way to shoot your argument in the foot.

And no, New Yorkers can't go across the bridge to New Jersey, which has banned smoking in bars.

 

Didn't NJ sign it's smoking ban January of last year, several years after NYC's ban? And wasn't the NYC ban shown to have no measureable negative effect during that time period before January 2006?

 

"Maybe the owner cuts some 'off the top'."

Well, Duh. It's a largely cash biz. That's one of the attractions for some owners and workers. Most reputable audit firms won't even touch restaurants or bars. Or they'll put in huge disclaimers. There's just too many problems with the books. It's an open secret.

 

Bob: If Reid cites his source for his data would you find that satisfactory?

According to US Government figures..... I don't think I can post a link here.... you can Gooble "foreign born population by city" and the usgovinfo.about.com site will come up... NYC's foreign born population is 36%. DC's is 14.6%.

So on at least one point the Adams Morgan bartender's argument is factually incorrect.

 

The survey we did was of members and others to find out from them how the ban has affected them. RAMW has no interest in suggesting the ban has had a negative effect in the absence of any evidence. Granted, the survey was based on self reporting, but was not anonymous.

I fail to grasp why any business owner would falsely report a decline in revenues. I do not see why one should ignore the pain of real people (these are not chains) running real local businesses. Contrary to the tale spun by the surrogates of the Robert Wood Johnson Foundation (which is funded by the health care product manufacturer Johnson and Johnson), which spends millions on surveys and P.R., local businesses have been harmed in almost every jurisdiction where a ban has been adopted.

AJK

P.S. If you talk to any of my firm's clients, I think they will tell you we are a bargain!

 

Bob: If Reid cites his source for his data would you find that satisfactory?

According to US Government figures..... I don't think I can post a link here.... you can Gooble "foreign born population by city" and the "usgovinfo about com " site will come up... NYC's foreign born population is 36%. DC's is 14.6%.

So on at least one point the Adams Morgan bartender's argument is factually incorrect.

 

Andrew:

Then why not release the data, like how may responded versus how many you sent inquiries to? And how did you determine who to send the inquiries to?

And how were the inquiries worded? Did you ask about other mitigating factors, like bad weather, etc.

As we all know, the devil is in the details, especially in the survey business.

You can't just release a figure like that but refuse to release supporting data. It makes you look like the survey is at best a joke.

As for your statement that local businesses have been harmed in every jurisdiction, that's misleading at best. Every study I've seen show that overall the bar and restaurant business is not significant disadvantage. Is there an occasional loss of business? I'm sure there is. But overall there isn't. And in fact NYC's bar and restaurant business has boomed since the ban. Can you explain that?

And I find it a bit silly that you could fail to grasp why a businessman would underreport revenues. It happens every day. And it would happen even more if the 'prize' for it were an exemption from the smoking ban.

 

"And I find it a bit silly that you could fail to grasp why a businessman would underreport revenues. It happens every day. And it would happen even more if the 'prize' for it were an exemption from the smoking ban."

As I said, zero cred.

And no serious economist, social scientist, or statistician would ever accept a survey without looking at the internals.

 

Underreporting revenues wont get you an exemption prize in an association survey.

 

Ryan: That's true. But if you are going to lie to the Feds and DC officials, it'd stand to reason you'd tell the same lie to this organization. After all, the survey was not anonymous, so in theory you'd need to start lying early in order to claim your prize.

 

WTF? Any more details on the data collected? I have no inclination to believe a study from a group with a vested interest, especially given the fact that bars are notoriously bad records keepers and could easily make a case one way or another, without seeing the documentation (and an arbitrary numerical response to a phone/email survey is NOT good enough).

Having said that, even if it were demonstrably true that a bar lost revenue, that's too f*cking bad. This is a public health issue. Cigarette companies could make a lot more money if they were allowed to advertise to minors. But oh, that's right, it's a large, faceless, evil corporation, so we don't care about their financial status and ability to maintain profits. It's easier to worry about the well being of the local bar owner than it is the moms and pops who work at Phillip Morris who lose their jobs when revenues go down. Someone always wins and someone always loses in this game, and the trump card that has to override everything else is our health and well-being.

 

WTF? Any more details on the data collected? I have no inclination to believe a study from a group with a vested interest, especially given the fact that bars are notoriously bad records keepers and could easily make a case one way or another, without seeing the documentation (and an arbitrary numerical response to a phone/email survey is NOT good enough).

Having said that, even if it were demonstrably true that a bar lost revenue, that's too f*cking bad. This is a public health issue. Cigarette companies could make a lot more money if they were allowed to advertise to minors. But oh, that's right, it's a large, faceless, evil corporation, so we don't care about their financial status and ability to maintain profits. It's easier to worry about the well being of the local bar owner than it is the moms and pops who work at Phillip Morris who lose their jobs when revenues go down. Someone always wins and someone always loses in this game, and the trump card that has to override everything else is our health and well-being.

 

Let's get some shoes

 

This is not a public health issue. This is a nanny state issue, being framed as a public health issue. The truth is that bar and restaurant workers overwhelmingly smoke, in my experience. And patrons have a choice as to whether to go to a bar that allows smoking, or one that doesn't. 300 bars and restaurants banned smoking on their own, before the citywide ban, from what i understand.

And while Reid's statistics may be correct (hereby stipulated, fine), i'd think it's pretty clear to anyone who lives here and drinks here that the young and foreign-born populations in DC have far more disposable income to spend on drinking from their (and their parents') diplomatic jobs than most foreigners in other cities. Not important, really. Anyone who's lived and bartended in NYC, LA, and DC can tell you how much more prevalent smoking was in DC bars, before any of the bans took effect. Or maybe you don't believe someone who's actually seen it with his own eyes, firsthand - understandable. (People in DC sure love being "experts" on something they've merely read about, don't they?)

Glad to see a healthy debate at least (finally). rgds.

 

Since the city gets 10% of those revenues from the restaurant tax, the figures are public information. (Not that many restaurants don't have 3 sets of books, but the amount they cheat will probably remain constant.) We'll get good figures from OTR in due time.

 

So it is a big conspiracy by the restaurant association who only wants to support smoking and doesnt REALLY care about the revenues of its members...so to further this goal the association gets business who arent really losing money to claim that they are losing money so that they can keep smoking legal in all of the restaurants and bars. Then, even though the restaurants arent being harmed, the lies they tell allow them to keep smoking for their patrons all based on what...their libertarian principles and the right to choose? Because smoking Rulez? I dont buy that. The businesses and the association MUST really believe they are being hurt by this if they are willing to fight it. These are all just business trying to maximize profit, if the smoking ban helped them, they would be all for it.

Now as to the health concerns, that is a seperate issue. If you support the smoking ban to protect the public health, that may be a very valid reason, but you dont need to make up false studies, falsify data, or create a big conspiracy in order to support the ban for that reason. Also if you support the ban because you hate smelling like smoke after leaving the bar, ok thats fine to, but you dont need to claim that rests. and the assoc. are coming up with false data to make that claim either.

 

**: Anyone has more cred than someone who won't even sign their posts, Rob.

 

Bob my argument about the ages was to show that DC is no younger than NYC and LA, which was the claim of the bartender. (that data was from the Census by the way)

Hillman has provided the data proving my first point.

According to Forbes, Washington is 20th out of 35 cities in terms of alcohol consumption.

I have no idea how to find stats of how many bars have outside space, but I can simply say that the nature of DC short buildings lend themselves to more rooftop decks for bars. At the very least, I don't think there's any evidence to suggest DC has any less outdoor bar seating than NYC.

 

I'm still not seeing the reasoning to dismiss the fact that the bars and restaurants (and their associations) have a vested interest to under report revenues. If they can link underperformance with this law, then they get the sympathy they need to fight it. This is not about smoking, it's about wanting to maintain as many rights as possible to let business owners conduct their business as they see fit. And I would support that right in most cases, but this is the kind of issue that can't be left up to the individual business owner, in my opinion. If there were 300 places that didn't allow smoking before the ban, I'd be extremely surprised if 295 of those weren't restaurants. In my experience, there were very few bars that actually had such a ban, making the argument that patrons have the freedom of choice a very shaky one.

 

don't you all find it ironic that you claim the stat is invalid because the study was done by a group with a "vested" interest. If the ban made no significant difference, then what would be their vested interest? They may want to exaggerate it, but its seems folly for them to make it up.

Personally, although I know I have few supporters, this seems like a civil liberties issues. If smoking is not illegal, than don't ban it. Health be damned, nobody is forced to go to a smoking establishment.

 

I believe that when someone refers to the international crowd in DC, they mean all the young diplomats, interns, etc. who are here posted here.

 

DC smoker is rightl;namely, we have far too many people who think they are experts.

I use to eat one meal a day at The Diner in Adams morgan and I would say about half their patron were smoking and staying a good amount of time. Since the ban, the people would still come but leave quickly after that mean or drink.

I do not think the ban has stopped people from going to bars or restaurants but has had more of an impact on how long they stay and how much they spend. This may be what is causing any loss of revenue.

 

Wrong, Andrew. Not Rob.

Will you share the methodology and internals? Or would that undermine your lobbying efforts?

 

Shorter meals would increase revenues. Restaurant owners would love to see people eat faster and leave, turning over the table for another paying customer.

Of course, that doesn't really apply so much to bars that don't serve food.

 

"300 bars and restaurants banned smoking on their own, before the citywide ban, from what i understand."

If this is true, I'd be interested in seeing the revenue statistics for this group since the ban started . . . down, up, level?

 

How is this a public health issue? No one is forced to socialize or work in bars. The smoking ban is nothing more than a softball for politicians to hit out of the park. They can say they've done something for our health without doing anything for our health. If we were exposed to smoke while performing life's essential duties like commuting or grocery shopping that would be one thing. But sitting on a bar stool isn't an essential activity.

 

I work at a club in the city and we were really worried about the ban and figured we would have pissed off customers either smoking all the time, or worse, leaving and never coming back. We actually have more business b/c people are forced to be outside in big groups -- this leads people to believe we are packed and they want to get in line to get in the club ASAP. If anything, our business has increased since the begining of the year. If people want to go out and drink, they'll do it. I've found that most people don't mind going out for the fresh air. I remember when it was in the teens out and plenty of people went out for their cigs. It's nice to go home not smelling like smoke.

I can believe that the smoking ban has hurt some places, but it won't hurt clubs. There are people that are really into clubs, and then those that are really into bars. There are no clubs in VA, so the clubbers are forced to chose DC no matter what.

 

Andrew:

No matter what you say or appeal to, the biggest issue here is the fact that any study that is not completely transaparent is simply not credible. It doesn't really matter who has a vested interest in one position over the other. What does matter is that unless methodology and detailed results can be checked and verified, there's no reason to accept that the study is credible. And when an organization refuses to provide that transparency, there's no reason to give them the benefit of the doubt.

There's a reason that science requires peer review.

 

I will give you, there's one bar that has a good claim. The Dewar's club at the Verizon Center used to be full during Caps intermissions, people drinking, smoking, carousing, etc. When the ban went into effect, empty. Everyone headed outside to smoke, leaving maybe 10 people in the bar to enjoy the clean air and a couple drinks...

I hate to say it, but strictly from a business perspective, these guys should get an exemption.

 

For what it's worth, and this is merely a anecdote, my favorite bar (tiny neighborhood joint) in Mont. County went from basically empty all the time to immediately busy all the time a week after the DC smoking ban went into effect (and it still is). Talking to the bartenders (who were shocked when the place was packed the first night, then the next, then the next), we basically concluded that people were staying closer to home, since they couldn't smoke in DC anyways. So that might have at least a little to do with it.

 

Your right to smoke in bars ends when it interferes with my right to breath in bars.

 

It's been freaking cold over the past five months - I've barely gone out at all. I'd be more interested in seeing yearly results. Or, it would be better to put that 40% drop against the same time period in previous years.

 

All you "healthists" who say that you want the right to "breathe" in a bar can go to a bar that was already smoke-free...which there were plenty in the city. Fact is, keg beer drinkers do not stay as long when they have to go outside, sober up, and have a smoke. No good ever comes out of the government robbing us of personal property rights and civil liberties. WE ARE NOT NEW YORK!!!

 

Once again people who don't actually own a business can tell the people who do own business how to run them.

I thought it was a "workers rights issue"? At least that's the premise of the argument that RWJF made though the front group of "Smoke Free DC" during the city counsel debate. If it is about workers rights then they aren't compromised by allowing a few exemptions. Not that it was ever compromised by the old free market solution. But the straw man that SFDC set up would take an even bigger hit if only 15% of pubs allowed smoking. Which brings me to my next point.

"Your right to smoke in bars ends when it interferes with my right to breath in bars."
First off Jeremy no one has a right to smoke. Just like no one has a right to walk into a private place and demand a certain environment be provided by the owner of said property.

The fact is the government has no right to turn property owners into defacto police by forcing them to enforce regulations on otherwise legal behavior. If you don't like smoke don't work or patronize a bar that allows it. There are plenty more dangerous jobs out there. Such as pizza delivery guys. Why not ban delivery. All we are asking you to do is to step out side to get your food??????????????????

 

Blah Blah

Without the methodology and internals, that's all this is.

 

One more note. The studies that are cited that claim all these previous metro area businesses (New York et al) don't lose revenue include restaurants that never allowed smoking in the first place. Including high revenue fast food restaurants such as McDonalds and Burger King. There by hiding the fact that tavern owners are getting killed.

 

As the author of the post, I may as well say this: It's not that I don't want to believe the restaurant association, it's that their lack of methodology makes it very hard.

And on the issue of regulations, the smoking ban is no different than a host of other government regulations that we don't much protest. Any restaurant or bar owner probably knows how many regulations they have to follow to handle and sell food, and we don't often complain about those regulations are infringing on our rights to eat putrid foods, do we?

The simple fact of the matter is that a number of studies have found some link between secondhand smoke and certain diseases, and it's a matter of public health that the government act on that. It's the same rationale for food-related regulations. Sure, it's way cheaper for us to get unregulated foods from any producer, but in the long run, the social and medical costs far outweigh those immediate savings.

Smokers can still smoke. They just can't do it in places that force everyone else to deal with the obvious and nefarious side effects.

 

Where did Hillman go? That deck text message broke up with me.

 

All I know, is that if a certain bar is exempt from the smoking ban ... I will not EVER go to that bar.

 

"All I know, is that if a certain bar is exempt from the smoking ban ... I will not EVER go to that bar."

Dick, you just made every libertarian in the room smack themselves on the forehead and exclaim, "Oy!"

My thoughts:
--I personally doubt the ban has affected revenues dramatically. I'd be happy to examine any evidence to the contrary. In fact, a friend who works at Tonic says the ban has been nothing but a boon to business. Just an isolated incident, but heck people, you can go and ask the folks on the front lines themselves. There's no firewall.

--Smokers, you'll get to enjoy the rooftops and patios in fairly short order, so, lighten up.

--Never ever tell me that this was a worker's rights issue. Please. Nobody who supported the ban gives a toss about the health of waiters and bartenders. Need proof? Ask them what they're doing now to promote health in those workplaces. You'll get a lot of blank stares.

--I move to PERMANENTLY RETIRE AND BAN any further discussion about the EFFECT ON PEOPLE'S CLOTHING. "My clothes don't smell like smoke anymore!" Uhm...you people do WASH YOUR CLOTHES after you've worn them to work or out at night, regardless of contact with cigarettes, don't you? The practice is highly recommended, to say the least. And: your right to maintain a malodorous funk ends when it interferes with my right to not have to inhale your stank. Hope that's noted.

 

"Ask them what they're doing now to promote health in those workplaces. You'll get a lot of blank stares."

While I agree with your point, I don't think this makes sense. With smoking gone, what other health issues remain? Posture?

 


** - I don't think Andrew thought I signed as "**". He was saying that you have no cred for doing so.

 

"While I agree with your point, I don't think this makes sense. With smoking gone, what other health issues remain? Posture?"

How about health insurance?

 

"Never ever tell me that this was a worker's rights issue."

THAT IS EXACTLY DC's REASON FOR DOING IT!!!! DID YOU WATCH THE CITY COUNCIL HEARINGS?

 

"With smoking gone, what other health issues remain? Posture?"

Well, many lack affordable health care in general, but typically, servers suffer long-term orthopaedic problems, especially a host of very painful foot maladies such as plantar faschiitis. Additionally, their mostly nocturnal employment is just generally not healthy. None of these may seem like a big deal to anyone outside the industry, but were you to ask a server (as I have) in the age prior to the smoking ban what their major health concerns, it's not likely that cigarette smoke would have been top-rated. If you were to ask one now, "Do you have any health concerns related to waiting tables?" I'd be surprised if you didn't get a response.

Anyway, you either care about workplace health and safety in toto, or you care just enough to get a completely different agenda promoted. I don't have any objections whatsoever to the ban being either framed or celebrated as meeting a public health need--indeed, I think it does promote general wellness--but I have nothing but disdain for the disingenuous arguments that propped it up.

That said, it's a mostly empty and semantic complaint on my part, as I'm quite sure that precisely zero restaurant industry employees think of the ban supporters as courageous fighters for their health and welfare.

 

Logan: Obviously you've never worked for a government contractor or law firm. You are most definitely expected to socialize in bars. It's part of your job.

 

Uhm, CS...let's...back...away...from the Caps lock key, shall we?

Of course the Council--and others--framed it that way. That doesn't mean that I, or anyone else, is required to participate in that pretense.

The ban was larded with employee health arguments because it made the argument more compelling, not because there was a sudden crazy run on being concerned about workplace safety. If your work involved the promotion of workplace health, and you thought the smoking ban was going to get you a host of new allies who'd be in for the long haul with you, you're likely to have been disappointed!

It didn't touch off a host of other reforms dedicated to employee health and safety, did it?
No. Twas just some temporary clothes to dress in while everyone was selling some public policy. No one's clad in those garments anymore, and everyone's basically gone back to being not really all that worked up about employee health in any substantive capacity.

 

There were plenty of bars in DC that were smokefree before the ban?

Really?

Name ten.

Out of the hundreds of bars in DC.

I don't know of a single one in the entireity of my neighborhood (Capitol Hill).

 

DCist Jason:

If I'm wearing a newly pressed shirt and jacket for a couple of hours in a bar, then I'm not going to have it laundered again the next day.

So yes, clothing odor was an issue.

It may be no big deal with jeans and a t shirt. But dress clothes and a lot of other items are not inexpensive to have cleaned.

This is also a gender issue. It's easy for us guys, compared to women, on the clothing issue. So many womens clothes are dry clean only. And they have to be dry cleaned at considerable expense after exposure to smoke.

 

Or labor union or NPO, for that matter.

 

Dakota: And the smoking folks included Burger King and McDonalds in their 'restaurants' that banned smoking before the ban. Hence their magical high numbers.

 

"The ban was larded with employee health arguments because it made the argument more compelling"

I figured it wasn't so much that it made the argument compelling, but it provided a legal basis for the ban.. I don't think the city could ban smoking in private workplaces on the basis that it's annoying.

 

And think of the cleaning bills for drag queens.

Won't someone think of the drag queens?

 

Actually, DCist Jason, a lot of people are actively fighting for universal health care, in large part because entire industries like bar workers don't get health care. So I'm not sure it's fair to say that no one is trying to look after workplace issues.

 

Dakota: Bars are not private. They are public accomodations. It even says so on their business license. They are supported by the infrastructure that my city tax dollars provide.

As such, they have a responsibility to provide a reasonably safe environment. And that safety includes freedom from known carcinogens.

Incidentally, truly private clubs are already exempt from the ban. That exemption pretty much destroys any argument that bars are by nature private and not public.

 

I guess it makes sense that DC has so many people who want to be my mommy.

This is the place that attracts folks from all over so they can tell people how to live.

That's why this thread is so exhausting.

I need a drink.

Can we still drink in bars?

 

Hillman, I never said there weren't "a lot of people are actively fighting for universal health care." My point is: those that fight for those things on a full-time basis are for all intents and purposes DISTINCT from those who assumed that mantle on a temporary basis for the sake of leveraging the smoking ban, and who have subsequently, with that battle won, quit that field.

 

"Logan: Obviously you've never worked for a government contractor or law firm. You are most definitely expected to socialize in bars. It's part of your job"

I've worked for Lockheed Martin for 5 years, off and on govt sites. Where are the required socializing jobs in this company??? I've always worked with people racing home to their families in the suburbs.

 

LincolnParker: I don't want to be your mommy. But I also don't want to breathe in your poison. Go smoke whatever you want in your own home (yes, it should all be legalized). But not in public. In this day and age, it is a matter of common courtesey. Heck, you shouldn't even do it outside--I can still breathe it in. And definitely don't do it in front of your kids. What kind of parents knowingly put their kids in harm's way like that? Addicts, I guess.

Smokers are like those who want to ban gay marriage in that they are clinging to a tradition or way of life that has long since been left behind by mainstream society.

A smoker is like a suicide bomber with a slow fuse. Sure, you can blow yourself up, but get the heck away from me.

 

You know this summer when everyone is on the sidewalks in Adams Morgan smoking and being loud and then Jim Graham will flip his lid and probably outlaw it outside!

I also can't wait until people get pissed about the patios being "too smoky" and not being able to enjoy the nice summer day, and I can tell them "go inside the dimly lit bar which you so wanted to be smoke-free"

 

You know this summer when everyone is on the sidewalks in Adams Morgan smoking and being loud and then Jim Graham will flip his lid and probably outlaw it outside!

I also can't wait until people get pissed about the patios being "too smoky" and not being able to enjoy the nice summer day, and I can tell them "go inside the dimly lit bar which you so wanted to be smoke-free"

 

I'll be the first to acknowledge that I fought for the ban for reasons other than the health of bar workers. That, for me, was a nice added bonus and seemed to me to be the morally correct thing to do.

But I would have fought for the ban exclusive of that issue.

And just because I don't fight for health care full time doesn't mean I don't actively advocate for it, just like I actively advocated for a smoking ban.

 

Lockheed Martin:

I worked in government contracting and law downtown for 10 years. It was common practice for us to be expected to socialize in bars. Perhaps your experience was different. But I saw the requirement to socialize in bars as a routine matter of course.

 

Ah, it was only a matter of time before we heard the sarcastic "can we still drink in bars?".

I hope you have a more substantive argument than that.

As for someone being your mommy, I ain't up for that role.

But my mommy raised me to be a decent person and respect the feelings and wishes of others. And that's exactly what you are advocating not doing. You are advocating extremely selfish behavior in public, cloaking it as some bogus 'right' when in fact it's simply rude and selfish behavior.

 

It's true.

Absolutely NO ONE goes out on 18th St. anymore. And the last time I was at Wonderland on a Saturday night, there were only three people sitting in the back drinking bottled water.

Oh, wait - no.

 

Uh huh.

You want the government to force business owners to turn into the nanny police and forbid their customers from lighting up because you don't like cigarette smoke.

You seem to think you have the "right" to force someone else to accommodate you, to enforce your little code of ethics, on their property.

You don't want people to smoke in a tiny bar with a small group of long-time customers...a bar you'll never set foot in. The owner didn't invite you in, and he's not asking you to stay.

But I'm the selfish one.

 

Macie wrote:

"Heck, you shouldn't even do it outside--I can still breathe it in."

Well, Macie, do you hold your breath every time you go outside? Because the crap emitted from cars is probably as bad for you as secondhand smoke, and thousands of times more prevalent. You anti-smoking zealots sometimes say really moronic things, and really need to shut up. Congratulations, you got your ridiculous ban. Now please stop complaining about it as if no ban was in place.

 

"Bars are not private." --Hillman

Ummm yes they are. My building that I bought and pay taxes on. Are you telling me that it is only my property at the will of the government? I pray you don't work in government but judging by your self indulgent screen name, you do. "They are public accommodations. It even says so on their business license." Some arbitrary license isn't a license doesn't define my property. Its a license to sell booze. Or an occupancy license, or candle license (look that one up if you want rich). Most of these licenses are overly burdensome as well (pssst believe it or not we don't like to hurt our customers).

"They are supported by the infrastructure that my city tax dollars provide."--Hillman

Hello Mr. Marx. Just because you tap into city sewer lines, and roads doesn't mean that the city gets to micromanage your property, and tell you what LEGAL activities can and can't be done on those properties, so long as they aren't externalized. Which brings us to our next problem.

Building codes and food safety laws don't justify a smoking ban either. This is another favorite straw man argument, I'm looking at you, DCist Martin. Those are UNSEEN dangers.

Assuming for a minute that ETS is a real danger even in tiny doses, its clearly visible to anyone who enters the establishment. So treat it like one have precautions (read regulations) that can be used (or imposed) to mitigate the dangers. If you look at the bottom of food menus it warns of the dangers of consuming undercooked meat. And the business is required to do handle food certain ways, not that any of these regulations make you safer. But they key is you aren't banned from serving steak tartar, which poses a much more immediate and less obvious danger then ETS.

Why not regulate like proper ventilation and warning signs for ETS?


"Dakota: And the smoking folks included Burger King and McDonalds in their 'restaurants' that banned smoking before the ban. Hence their magical high numbers." --Hillman

What is this referring to. What "smoking folks" studies? Perhaps you are talking about the afore mentioned 300 non-smoking bars and restaurants pre-ban. That figure was taken directly from SMOKE FREE DC's website NOT the "smoking folks". But anyway I am talking about studies conducted by states and municipalities (loosely cited above) that take pre-ban and post-ban "Restaurant Gross Receipt Tax collected". This is a huge number of restaurants. Not just the sit-down restaurants and bars. But Subway and Quiznos and Micky D's ect. 80% of which didn't allow smoking in the first place. So of course the sales gross (and the tax paid on it) didn't change. Also many times they exclude Bingo Halls, Bowling Alleys, and pool halls because they are licensed and pay taxes as amusement licenses not restaurants, or the revenue on food & sprits changed less drastically then the revenue of the amusements. That's bunk methodology.

I await your further thoughts on why you know my business better then me

 

Let the yuppies and their dry cleaning have their smoke-free bars. (What about the loss in dry cleaning revenue...), and let people who want smoking bars to have their smoking bars without some silly 10% revenue floor on tobacco. The cigar bar exception is blatantly classist--let's just go all the way. Get rid of the ban, lawyer bars shouldn't allow smoking, except for cigar bars, and bars that are meant for young people should allow smoking.

There, done, everyone's happy. Who cares (besides the IRS) if a bar is correctly reporting or underreportuing income? It is a side issue for nitpicking anti-smoking zealots.

Now to contradict myself, dance clubs maybe should be smoke free--I used to be a smoker but I never liked getting burnt by some drunk chick on the dance floor with a cigarette. It's a bad mix...dancing, drinking, and a 5000 degree cigarette ember.

But leave the damn Black Cat and the Fox and Hounds alone. I don't want to smell these bars. They need smoke. We're talking about bars here anyway, so drop all of your health arguments. With restaurants, those arguments hold weight, but not with bars. The alcohol is more dangerous than the smoke. Drunk driving, liver damage, drunk hookups with your intern, drunkenly telling a journalist your boss's dirt, original jumbo slice happening to your diet, etc. Why don't you bunch of yuppies outlaw drinking, dancing, music, puppies, and fun while you are at it?

 

"But my mommy raised me to be a decent person and respect the feelings and wishes of others." --Hillman

Unless you own a bar and want to let people enjoy a smoke. Then I not only don't respect your feelings I want to use the full force of law to deny you that wish.

 

What the smoking ban does is prevent that pain-in-the-butt annoying friend-of-a-friend in your group from nixing the idea of going to a bar because h/she "doesn't like all the smoke." So I can see how business won't necessarily suffer from the ban.

However, a bar is a den of vice and sin. I don't get where the idea came up that it was supposed to be some kind of family-friendly environment where we all take care of each other's health.

 

have any smoking bans ever been repealed?

 

Someone please entertain me and elaborate a bit more on why DC is so much different from NY, and why our ban will be a disaster while it's boosted bar business there. I mean, yes, DC does have all the embassies, but NY has the UN and foreign missions from exactly the same countries. Plus, there are a lot of rich Europeans and others who work in NY in fashion, publishing, media, academia, etc. And don't forget all the foreign tourists and idle rich who promenade around NY - they're far more important to NY's economy than they are to DC, which is way more US-focused.

Somehow, I don't really think that the entire, six-person staff of the Embassy of Gabon or whatever is going to make or break the DC bar industry. But feel free to try to convince me for shits and giggles.

 

One thing I do know is that we accomplish very little with the tired refrains: "you're a bad person because you smoke," "no, you're just a stuck-up yuppie who doesn't respect my rights!" "thank god my clothes don't smell like smoke anymore," "but have you gotten a whiff of the Big Hunt lately?"

In January I was a smoker who didn't like the idea of the ban but felt I couldn't in good conscience oppose it. Now I'm a non-smoker who actually doesn't like being around cigarretes (I was in Dupont Circle recently when someone nearby lit up, and I was all, "who's polluting my fresh air?"), but all the pro-ban people still get on my nerves. Go figure.

I'll also point out that the bars have definitely seen a decline in revenue from me since I quit smoking. I used to go out 3-4 nights a week and have anywhere between 4 and 8 drinks in a sitting. But drinking isn't nearly as much fun without smoking, so now I go out 1-2 nights a week and have 2-3 drinks. I'm not saying I'm single-handedly responsible for the decline in bar revenues, but that's definitely a chunk of change if other former smokers have reacted the same way to quitting. Just a thought.

 

I'll tell you why DC is different:

1. a lot more people are transplants here (I know I know...NYC is an international city, blah blah blah...but you forget how much larger it is with Brooklyn, Queens, etc..)

2. our fashion sucks (I know this doesn't relate)

3. way more liberals who love the idea of a nanny state are in NYC

4. we as the nation's seat of government, should set the trend of being America and not take away civil liberities and freedoms and personal property rights

5. we drink a lot more here (per person) as the above poster said...."district of consumption anyone?" law firms can be hell....

6.. there are still a lot of "underground" smoking bars there (if no one tells, you can't get in trouble!)we have people in DC who love to rat each other out

but, as a lot of people will say, that is my own misinformed judgement


 

Wait a minute...It's the restaurant/bar owner's business, so they can do whatever they want, huh? So they could provide alcohol to minors if they wanted? Serve absynthe if they wanted? Sell pot if the wanted?

.....Um, no. Because it's against the law. And so is SMOKING IN BARS.

If the business is unable to survive post-smoking ban, maybe that says something about the bar. Like, now there's no reason for people to hang out there....and we're supposed to feel sorry for them? Give them a prize for having a poor establishment and/or business model?

Please.

 

One difference between DC and New York seems to be how strictly the ban is enforced. I've seen plenty of smoking in New York bars, and if you ever glance at the VIP section in New York clubs you'll see a haze of smoke. And Philly has a number of what they're calling "smoke easies."

But I'll give you Boston. People seem to obey the rules there.

 

Again, bars are not private. Of course the structure is private property. But a business open to the public is by definition not private. Once you apply to serve the public then by definition you are no longer private.

As an open accomodation the business must follow certain guidelines relating to public safety and health.

Cigarette smoke is unhealty.

It really is that simple.

Bars and restaurants are part of the social contract. They are part of the reason that we can tolerate living together in confined spaces.

As such, reasonably decent people don't bring their unhealthy habits into the public sphere if they know it causes others pain and illness.

Smokers selfishly forced their habit on anyone that dared to actually engage in socializing for decades. That didn't make it right.

Why should you have the right to monopolize 98% of social gathering spots with your cancer-causing habit when you know it bothers other people and causes them illness?

What's most relevant here is that now the situation is reversed. If you want a smoking environment, you can have it. They're called private clubs.

 

Dakota:

I'll make you a deal. You can go back to smoking on me in public gathering spots the very day that it's ok for me to urinate on you or spit on you in return.

At least my urine probably wouldn't cause you cancer.

What? No deal?

 

Dakota:

To further your analogy. Yes, you can have all the steak tartare you want, no matter what the health risk to you. But what you can't do is force feed it to me because I happen to be in the same public space as you are.

 

Christine--"Wait a minute...It's the restaurant/bar owner's business, so they can do whatever they want, huh? So they could provide alcohol to minors if they wanted? Serve absynthe if they wanted? Sell pot if the wanted?"

As far as I am concerned yes. But that belongs in a different conversation. Don't try to reframe with more "absurd" questions. It's intellectually lazy.

But your example brings up a good point. Who is the law breaker? The person breaking the law is the person smoking. Who has to enforce that?

Also its not about "surviving" its about intrusive legislation picking the pocket of people who actually make a buck and contribute to society. Even if its not your preference.

 

"Bars and restaurants are part of the social contract. They are part of the reason that we can tolerate living together in confined spaces.

As such, reasonably decent people don't bring their unhealthy habits into the public sphere if they know it causes others pain and illness."

Ummm you are talking about bars right. You mean places were unhealthy habits are brought into the social sphere.

You mean like alcohol in general. NTSB claims over 44-thousand dead. Every single argument you made in that post can be applied to alcohol. Except that the havoc that alcohol wreaks in our society is more immediate and prevalent. You don't have people driving to work at 6am cut down by a waft of cigarette smoke that cleared the dividing wall of a restaurant smoking section.

"Why should you have the right to monopolize 98% of social gathering spots with your cancer-causing habit when you know it bothers other people and causes them illness?" There is no RIGHT to smoke. You also don't have the RIGHT to tell people what kind of environment you would like. You need to Google "positive rights" then vheck the constitution.

Who said I smoke? I don't. I own a business. I want to be able to let people do as they choose. You don't get to tell me I can't let them. And 98% of social gathering spots? Are you on crack? Maybe you have an alcohol problem. There have always been no-smoking sections and proper ventilation.

 

"I'll make you a deal. You can go back to smoking on me in public gathering spots the very day that it's ok for me to urinate on you or spit on you in return.

At least my urine probably wouldn't cause you cancer.

What? No deal?"

A better analogy would be you peeing and me running into your pee stream. Then me running to daddy government and trying to ban you peeing.

Personally if I don't like getting pissed on I avoid being around people pissing. But in this case you and your band of jack boots decided to piss on my property rights anyway.

 

"To further your analogy. Yes, you can have all the steak tartare you want, no matter what the health risk to you. But what you can't do is force feed it to me because I happen to be in the same public space as you are."

Ventilation and mitigation, my friend.

Are you for the banning of wood-burning brick oven pizzerias? DOWN WITH MATCH BOX. You are imposing your dirty pizza cooking habits on me.


Give me a break.

 

You didn't really answer the analogy.

Why is it acceptable for you to smoke on me but I can't piss or spit on you?

It may sound extreme, but it's a real question.

If you can't answer this question, you have no argument.

 

And anyone harmed by someone else's alcohol can sue that person for damages. And drinking alcohol to excess is already illegal (albeit poorly enforced).

So that analogy doesn't really work, does it?

Ventilation systems? You're joking, right? Most of these are not very effective at removing smoke.

And I've repeatedly asked people to name even 10 nonsmoking bars in DC before the ban. To date no one has ever been able to. I knew of exactly zero in my neighborhood.

 

"4. we as the nation's seat of government, should set the trend of being America and not take away civil liberities and freedoms and personal property rights"

I guess that's why we're able to vote for out Representative and two Senators huh? Let's work on that first and then we can worry about the right to smoke in bars.

"5. we drink a lot more here (per person) as the above poster said...."district of consumption anyone?" law firms can be hell...."

According to Forbes study we're only 20th out of 35 cities in alcohol consumption. So I don't think that that argument has any validity.

http://www.forbes.com/2006/08/22/nightlife-cities-drunk_cx_de_nightlife06_0822intro.html

 

Lionel: Thanks for the stat on alcohol consumption.

It appears yet another 'fact' put out by the smokers turns out to be, how shall we say, just not true.....

And they are wondering why we question the validity of their Magic Survey?

 

"Who said I smoke? I don't. I own a business. I want to be able to let people do as they choose. You don't get to tell me I can't let them."

Actually, yes I can (or, by extension, the government can), once a determination is made that such actions cause harm to others.

Or are you claiming an unlimited right, regardless of harm to others? Like the right to, say, grind broken glass in the faces of fellow bar patrons? Or spray them in the face with perfume, repeatedly? Or, to keep it simple, just reach over and slug someone else at the bar? Or how about holding them down and taking their money? All because they had the audacity to think they had the right to go out and have a drink in a public social gathering spot.

Are those personal choice rights?

No?

Why not?

Of course, my old favorites are still pissing and spitting.

If you can smoke on me while I'm at the bar, I can piss and spit on you. Sounds fair to me.

 

Hillman,
"If you can smoke on me while I'm at the bar, I can piss and spit on you. Sounds fair to me."

I believe a deal can be struck. It sounds like the only remaining issue is your freedom to piss and spit on the public smokers. Go for it.

The smokers would then walk into your local tavern, recognize you as that 'pissing and spitting Hillman', and go next door instead. Everyone is happy and everyone's 'rights' are maintained.

 

Ok, I'll bite. What do wood burning pizza ovens have to do with this conversation? Surely you aren't comparing the wood burning pizza oven to smoking, are you?

And what do ventilation and mitigation have to do with the steak tartare example that you brought up and I responded to?

Still waiting for an answer about the acceptability of my urinating and spitting on you....

But, then, I'll be waiting a long time. No one has ever been able to answer that one. Because they are indefensible assaults on another human being.

Just like smoking in a confined space is.

 

Hillman:
This debate was won months ago. Not ginned-up industry study will change that. Leave it in the past, where it belongs.

 

** You raise a good point.

Moncrief: That would be a fine compromise, but for it to be truly even there would have to be one of me in every bar in DC, except maybe one or two 'non pissing' bars. Or, actually, at least several of me. True, I am a bit of a drunk, but I can't be in every bar.

Then smokers could see how it actually feels to have nearly every social outlet taken up by selfish people spewing their personal habits into public space.

The shame of it is that eventually I'd run out of piss. Spit, too.

Maybe I could bring store some up in plastic bags....

 

Hillman, do you have a job? Because I'm sure your your boss, if you have one, would love the fact that you spent the majority of your day spouting off self-righteous prattle on a message board. We get it: You're better than all of us because of your vehement anti-smoking views. Good for you.

Give it a rest. You won your puny little victory, and I'm sure sleep the sleep of the righteous at night. Perhaps one day we can all be as moral as you.

 

Bob:

My job? Irrelevant. Perhaps I'm independently wealthy, after being the guy that dreamed up the scheme to export cigarettes to poorly educated rural Chinese people to make sure there's another few generations of addicts.

I'll admit to being abrasive on this issue.

I had a bit of empathy for the smokers on this issue years ago. Many didn't actually realize how strongly others felt, and how much of an effect their smoke has on the rest of us. But they've had years to educate themselves on this, and they continue to think their behavior is ok apparently because, hey, they aren't the ones that are bothered.

It's funny, though, how often some in the pro smoking crowd feels the need to attack me personally in lieu of an actual supportable argument.

 

there's a smoking ban?

 

It's a ludicrous premise to claim that bar owners should be allowed to let their patrons to behave in any manner they choose, even if it directly harms others. As the owner, you have a legal responsibility for those inside your walls to the degree required by law. Bars are licensed to serve alcohol. If we need another licensing process to allow smoking because that is the business service that they would like to offer, so be it. Just because historically drinking and smoking have become linked, does not mean that we are infringing on the core business of these establishments. And if it does, get an exemption and shut up about it. Under the current system, there will be establishments that allow drinking and smoking, and those that just allow drinking. And regardless you can always walk outside, a choice that we never had because it is illegal to drink in public spaces. You however are now free to choose.

This is merely the latest in a long chain of laws that are designed to constrict the rights of business owners for the benefit of everyone. You are not permitted to sell alcohol to minors. You are not permitted to refill bottles of alcohol. You are not permitted to serve rancid food. You are not permitted to handle garbage a certain way. You are not permitted to discriminate who you do and do not serve... You have always had to deal with a system of rules and regulations and now you have one more to worry about. Deal with it.

 

Hillman: you can't spit or piss on me. but you do retain the right to spit or piss on yourself.

 

I think the government should outlaw unprotected sex between bar patrons and make bar owners responsible for any violation. Unprotected sex is, like smoking, a very dangerous activity. Bar owners foster an atmosphere where people can meet for the purpose of engaging in unprotected sex and should bear the responsibility of ensuring patron's health.

 

Kevin, if you're going to fuel the fire, at least use an analogy that isn't idiotic. If the people engaged in unprotected sex IN THE BAR, then I think the bar would put a stop to it. What people do in their own homes (eat, drink, smoke, sex) is their own business.

 

Tom: I don't really understand the point you're trying to make.

CD: I have yet to see an analogy the smokers make that makes any sense. Almost always they seem to miss the basic point - nonsmokers are the unwilling injured parties when others smoke. They constantly throw up analogies that involve willing parties or no actual injury - like the *next you'll ban my steak tartare* argument.

 

Hillman, if I were facilitating a public meeting where you were a participant, I would have to ask you to please sit down and give others a chance to speak.

I actually agree with you sometimes (or at least I think I've agreed with you in the past, it's all a blur), but I've seen you essentially spam both DCist and Washington Post message boards -- eventually everything degenerates to the point where the only discussion going on is a point-response-point between you and people who disagree with you. Nothing is being gained at this point, so let's open the discussion back up to everyone else. And if no-one has anything more to say, that means it's time to move on to another topic or go home. Let it rest.

 

zzzzzzzzzzz

 

All of you are retarded. Let it go.

 

Esmerelda:

No one is forcing you to read my posts. If you dislike them, simply scan to the next one by someone you like.

Yes, I obviously have a lot of free time on my hands. But so what? What's the harm?

And this isn't a public speaking forum, where I'm taking someone else's time. Others are free to post as much as they want.

And the discussion is always open to anyone that wants to join.

As for being spam, that's not really a valid statement..... my posts do have substance, although I will admit I do tend to restate the same ideas, in large part because others repeatedly bring up the same lame ideas and responses, time after time.

But I will agree that we've probably beat this dead horse long enough.

 

Uhm...for my sake, I would definitely enjoy experiencing anyone with the temerity to urinate on me in public. For the opportunity to send that person home in an ambulance, the cigarette would very much be worth it.

Back to the actual topic now--the exemption. Personally, I do not even understand why anyone is even bothering to pretend that a business could possibly provide sufficient metrics to qualify for the exemption. And even if they could, it is very plain to me that absolutely no one has any honest intention of granting an exemption under any circumstances.

Even if the most anal retentive bar owner could back up their premise, with a total and complete history of all aspects of their business, that the ban has cost them business--even if it were to come with the in-person endorsement of God himself--is anyone out there REALLY operating under the illusion that the exemption would be granted? The thing about bans--they are absolute, and maintaining that is relatively easy: a thousand countering explanations for poor business can be offered. And most wouldn't even have to be founded, it would likely be enough in the authorities minds to simply assail the bar's case with a thousand tiny cuts that foster doubt and cut down the credibility of their case.

I think that it's absolutely pointless to speculate as to who might be receiving an exemption and who might not. Clearly, no one shall be receiving one, ever! Bar owners and the like would be well served to accept that as iron-clad reality and adopt a less pie-in-the-sky solution for making money and running a successful business in the post-ban enactment era. I mean, resent the ban if you want to, but recognize that there simply will be bars that stay open and thrive. If the resentment gets in the way of becoming one of them, whose fault is it?

 

"Personally, I do not even understand why anyone is even bothering to pretend that a business could possibly provide sufficient metrics to qualify for the exemption."

That's because you misunderstand. It's not about the metrics, it's about the uncertain creating a safety mechanism (for themselves) in the event of political pressure.

It is in line with a well documented pattern of selective enforcement on any number of fronts.

 

After bowing out of this BS-laden debate for a while, i've continued to read all the posts here, including Hillman's idiotic "pissing contest" (ha!) with Dakota, who clearly knows of what she speaks.

This whole thing boils down to this: Some people like smoking; some people don't like smoking. The people who don't like it have been more effective politically, especially since it's an easy win for local politicians. We smoke-lovers made a pretty poor show, frankly, when this was up for debate.

This is not much different than helmet or seatbelt laws being passed based on health care costs arguments. Some people think the Government has a right to interfere in our lives this way, and tell us what's good for us. I don't. But those of you who do ought to think about where all this leads, because you may think it's a joke - but your right to drink alcohol is next. As is your right to have a Big Mac attack.

Oh, and by the way - the person who basically equated smokers to gay marraige haters? That one maybe wins the prize for being the stupidest thing said here. Smoking isn't prejudiced against you because of who you are. It may be prejudiced against which barstool you sit on, but that, my friends, is a CHOICE.

rgds

 

"Some people think the Government has a right to interfere in our lives this way, and tell us what's good for us. I don't. "

The Government (funny you should capitalize that) isn't telling *you* not to smoke, ML. It leaves *your* option to slomo kill *yourself* in *your* hands- just where *you* seem to want it.

The Government (I love how you capitalize that) is just saying you don't have the right to kill *others*.

Your argument amounts to telling those who value their health to stay away from you and the places you frequent. No worries there. You've kept the black helicopters at bay.

 

Nice deflection of the real argument, "**". I actually meant that the Government was interfering with the rights of business, and yes, with the desires (not rights) of people who want to kill themselves by smoking in bars - a pretty good number, in my experience. Again, as some have noted, *others* have (i'll say it slowly, so maybe you can understand this time) a c-h-o-i-c-e as to which establishments they patronize. So, my argument amounts to telling those who value their health to get drunk wherever they damn well please, actually.

I like black helicopters, by the way. They look cool. it's the slow encroachment on the workings of the free market, and the rights of individuals which worries me, my friend. You may think it's "protection" but i call it unnecessary intrusion.

 

DC Smoker:

You called my pissing and spitting argument iditiotic but I see you failed to actually address the argument.

Why is that?

Of course, Dakota didn't answer either.

 

DC Smoker:

Can you back up your claim that your right to drink or eat a Big Mac is 'next' and is in any way related to the smoking ban?

Of course, the better analogy would be your 'right' to force feed others alcohol or a Big Mac against their will because they had the audacity to step outside of their houses into the public sphere.

 

"I actually meant that the Government was interfering with the rights of business,"

Actually, the real point is about the public health environment in public accommodations. You and others are welcome found and/or patronize private clubs.

Who knows. Perhaps the businesses you profess to care so much about will decide it is more profitable to convert to that form of venue. That would lend weight to their claim of hardship.

 

Actually, Dakota said this (perhaps you were so wrapped up in your self-righteousness that you lost the ability to read):
"A better analogy would be you peeing and me running into your pee stream. Then me running to daddy government and trying to ban you peeing. Personally if I don't like getting pissed on I avoid being around people pissing."

And i think that's dead on. No one is forcing anyone into a bar where smoking exists.

Bars are not public accomodations. Despite your loudly repeated claims to the contrary. They are businesses.

The Big Mac argument is not a "claim" that i need to back up. It was an attempt to get you to think about the big picture - which is clearly a futile endeavor.

rgds

 

You claimed that a Big Mac ban was next. But when asked you won't provide proof of that claim. Why not?

And you still didn't answer my piss and spit question.

Again, why not?

As for Dakota's response (not the same as an actual answer), it was lame and nonresponsive.

My question was whether or not decent people would piss or spit on someone on purpose against their will. And how that was any different from a decency standpoint than smoking on others.

Dakota's differentiation about 'running into the pee stream' was colorful but meaningless. Obviously I was comparing the act of pissing or spitting on people at random in bars. By definition that'd include me just walking up to you in a bar and letting it fly.

Dakota never answered. Neither did you.

 

As for public vs private, I've answered that as well.

Private clubs are already exempt from the ban. As are smoking bars that derive a certain amount of their income from the sale of tobacco products.

By definition bars are public. If they weren't they wouldn't have to abide by pesky things like civil rights laws, safety laws, liquor license laws, etc.

Are you really suggesting that bars and restaurants aren't public accomodations meant to be enjoyed by the citizenry at large and aren't subject to government regulation?

But at the end of the day this actually isn't about regulation of bars. It's about regulation of individuals and their impact on those around them. It's boorish and dangerous behavior of individuals that is being regulated. It just happens that in this instance it happens in bars and restaurants.

 

Hillman, since you only seem to *listen* to yourself - have fun *talking* to yourself from here on out as well. I'm sure you're completely right about everything. (Hey, just like it is in your own mind!)

Peace out, y'all.

 

DC Smoker:

Yes, I do enjoy talking to myself, especially late at night, in a romantic way...

I'd like to say I'm surprised to see you bail on the argument after simultaneously refusing to answer questions and attacking me personally.

But I'm not surprised.


 


No one is forcing smokers to go to a bar where people are enjoying themselves without having to breathe smoke. If you want to smoke- just stay home- thats your choice.

or step outside to smoke. Its the polite thing to do anyway.

Smokers finally got whats been coming to them ever since the proof about secondhand smoke became common knowledge.
Say what you want about "the Nanny State" - its really the Grown Up state- the rest of us moved on and decided to care about ourselves, not put up with the perpetual adolescence that is smoking and we demanded that you take your silly self destructive habit and keep it to yourselves.
Its riduculous for people to argue the right to fuck people over because they are addicts.
I smoke pot and used to smoke cigarettes- but never in a million years would I try to make the argument that either of those habits or their effect should take precedence over someone elses right to stay sober or not breathe my bad air.
at least when you pee on someone all they have to do is 'wash their clothes' as one smoking advocate on this list said.
Yall hate hillman because he makes sense and all you can do is attack him personally- he or she is right- you got nothing insofar as logic is concerned -so you have to call names.
you lost- you will continue to lose because the rest of the world that loves life has had enough.
Virginia and Maryland are next- thanks to all the activists who refused to be bullied by a bunch of cancer loving tyrants.

 

California has been smoke free for years...it's become a non event. People deal with it and no one notices anymore.

 

Hillman, Marty's on 8th street was smoke-free prior to the ban. Isn't that in your neighborhood?

 

To remove the cancer of this smoking ban all one has to do is file a law suit calling into question the so called "science" behind the ban. The only "scientific evidence" presented by the anti-smoking Robert Wood Johnson types is statistical. Statistics are Not and Never have been "science". They are also not court recognized. The anti-smokers have not one single medical scientific research project result that equates smoking and cancer or Any other malady. They cannot prove in court that smoking or second hand smoke is harmful to anything. There are no patients involved in statistics, no test tubes, no animal trials, no blood tests, no physical examinations, just biased questionaires. Its simple, sue them on the science and watch them run away, just like what happened at the High Court in Scotland.

 

Suffice it to say, y'all, I think everything's gonna be okay. Even though the law is straight sausage--and that's the aspect of it I like to critique...everything will be fine. Let's not get all: "Then, they came for my Big Macs..."

The vast majority of smokers probably do not look at stepping outside to smoke as a crazy hardship. So, when you see 'em, do the right thing and don't grit on them.

There are STILL a number of venues where smoking is still permitted (I believe one is Ozio--so, get to know that place, militants...or learn to enjoy hookah!). If there is a market for smoking venues, adaptation will come. Hell, the big cig companies have branded clubs in Chicago, I believe. And in SF, bar owners are working around the employee protection angle by doing away with employees entirely and restructuring their businesses to give everyone an ownership stake.

Plus...my God, people. Rooftops, patios! This is why I don't get all the pro-smoker agita! Your time of year is right around the corner. Smokers returning to the front stoop of Fox and Hounds is the new swallows returning to San Capistrano. Everything is going to be all right, excepting those weird few who, as reported here, don't like to wash their clothes.

 

BostonRay: You might want to brush up on en.wikipedia.org/wiki/Passive_smoking before making outrageous claims like secondhand smoke doesn't cause "any .. malady" and is not "harmful to anything."

Surgeon General Richard Carmona summarized, "The health effects of secondhand smoke exposure are more pervasive than we previously thought. The scientific evidence is now indisputable: secondhand smoke is not a mere annoyance. It is a serious health hazard that can lead to disease and premature death in children and nonsmoking adults."

"Philip Morris USA believes that the public should be guided by the conclusions of public health officials regarding the health effects of secondhand smoke."

Even the tobacco companies admit secondhand smoke is a hazard. The dispute is over the magnitude.

 

Politboro, you should actually read the "surgeon general's report". The headlines said the complete opposite of what the report contained. It was trashed by even members of the anti-smoking group itself. Yes I read the entire 790 pages of what amounted to 7 pounds of toilet paper statistics. Statistics are NOT science! Carmona, who was immediatly fired and is now a massage therapist in Arizona, only re-published their weak propaganda. It ignored a valid 30 year study by Enstrum and Kabat, funded by the American Cancer Society, that found no evidence that second hand smoke causes lung cancer.
Altra goes along with this fraud because their profits are soaring by overcharging those who choose to smoke...look at their stock price. I am not a pro-smoker...I am pro-choice.

 

Dcist Jason, Yes, it is true there are places to smoke and have a cold one while exterior to the building, but that is not the essential point.

Using the fraudulent claims of "harm" from second hand smoke the government has mandated that those who choose to smoke will be plainly discriminated against by virtue of the fact that they use a 100% legal product. The bar owner or bartender become unwillingly the only "law enforcers" of this discrimination. They receive no payment or law enforcement training for essentially putting themselves possibly in harms way. Discrimination based on fraud breeds quickly into contempt and hatred. Here you are talking about 30-35% of those around you. Not a good thing.

Whenever a government imposes itself in mandatory controls on business or an economic venture there is a 100% chance of catastrophic results. Wash. D. C. has the hospitality industry as it's main industry. Discrimination towards those who choose to smoke by forcing treatment of them as second class citizens is not hospitality. You are only seeing the begining of the backlash here. There is a lot more to come in the next year. Bars will close.

 

Statistics are the essence of science in that it is concerned with repeatability and probability- scientific cornerstones that underpin physics, organic and biochem, ecology, medicine- everything, really. To claim otherwise is just ignorant.

 

State of Illinois Smoking Ban Does Taxpayers A Disservice

The smoking ban that looms over the State of Illinois is a storm cloud of government control raining intolerance and intervention into the private habits of citizens in the Land of the Lincoln.

Political correctness has reached new heights in its partnership with junk science. In our modern health conscious society, the U.S. Surgeon General has engendered the phobia that second-hand smoke kills. But problems abound in this oppressive scenario:
• despite the hyperbole of the Surgeon General, there is no scientific data which categorically proves without doubt that second-hand cigarette smoke (ETS) can actually cause cancer because it is virtually impossible to measure dosage of consumption of ETS to differentiate between what is a safe or a lethal dosage for a consumer of second-hand smoke.
• Cancer prevention not for profits receive private foundation and government health department grants in order to promote non-stop the persecution of smokers at the level of schools and churches in our communities: there is a virtual anti-smoking cartel which is empowered to restrict individual behavior with a legal product.
• smokers are not only persecuted, they also suffer the indignity of paying millions of dollars in excise taxes to governments in the name of sin taxes to be utilized for dubious unrelated municipal projects or programs. Illinois will receive over $200 million of the MSA tobacco settlement this year.

I recently noticed a CTA bus advertisement with a small black girl dressed in tutu doing a curtsey below the following caption: second-hand smoke will kill 35,000 Illinois residents this year. The ad was targeted toward minorities and youth. When Phillip Morris advertises in Rolling Stone magazine, it is accused of one-sided advertising to youth. But the bus ads are considered fair advertising, while the magazine ads are prohibited by the FTC and the FDA. Thus the anti-smoke insurgents with carte blanche, skillfully assault the First and the Fourteenth Amendments with impunity, as democrats and republicans alike shirk their responsibilities to honor their constitutional oaths of office.

Recently, Ted Kennedy and Henry Waxman have pushed for FDA regulation of tobacco in the U.S. Congress. Once FDA begins to regulate the amount of nicotine in cigarettes, we will have a generation of “safe” cigarettes with limited amount of nicotine but the same amount of tars and other chemicals which promote cancers. Smokers will end up smoking more cigarette units in order to get the same level of satisfaction, thereby enhancing the incidence of cancer. These safe cigarettes will have fire-proof paper which automatically goes out when not being puffed. And consumers will be taxed another two dollars a pack just to pay for the Research and development required to receive FDA approval.

When tobacco companies work with the feds to limit their advertising and allow their products to be over-regulated in order to hamper the economic prowess of their competition, our liberties go up in smoke. Although the current Commissioner of the Food and Drug Administration is against his agency’s regulation of tobacco, the politicians with long-bags stuffed with cancer nonprofit donations, push for manufacture of the “new” politically correct cigarettes. Even though this Commissioner at FDA most recently headed up the National Cancer Institute (NCI), the self-righteous anti-smoke zealots have swept all dissent under the rug along with our shrinking civil liberties.

And what about the children? Although Illinois residents dodged the bullet of “no smoking in cars with Children under 8years old as passengers” last week, you can rest assured that these taliban social tobacco policies will guarantee that a generation of youth will seek out and succumb to tobacco usage because it is now virtually illegal to have “real” cigarettes instead of the government-approved less potent product lines. Expect underground youth tobacco sales to skyrocket as “real” cigarettes become the coming rage for rebellious youth. And watch how anarchy and un-Americanism escalate when the next generation begins to question the right of smoke policemen to fine them for smoking on the beach!

Isn’t it about time we slowed down the bus which is taking away our individual liberties and constitutional rights? Or, are we ready to keep tobacco smokers on the back of the bus which is headed toward totalitarianism? This is a civil rights issue: will you sit idly by on the curbs of apathy as a well-funded government-sanctioned group of disingenuous saviors rides in to micro-manage the lives of our fellow citizens, whose only fault is an addiction to a legal product which is funding a major share of the cost of general government in our society today ?

 

The whole attempt to tie the "land of lincoln" with buses, little black girls, and civil rights is just ham-handed and obnoxious in its race-baiting intent. And then there's the part about smoking opponents engaging in "junk science". That's laughably both for its cynical intent, and its pathetic execution. Everyone (EVERYONE!) knows the tobacco industry literally wrote the book on junk science.

Do yourself a favor and get a copy editor with a clue. Maybe your boss. Ask if s/he thinks you left yourself open for the above critique and the below pot-shots:

"Blah Blah Blah...And watch how anarchy and un-Americanism escalate when the next generation begins to question the right of smoke policemen to fine them for smoking on the beach!"

Because, like, the world is their ass- er- butt-tray!

"Blah Blah Blah...a legal product which is funding a major share of the cost of general government in our society today?"

A legal product that is also responsible for an even more major share of those costs...

 


I think I should be allowed to carry my pistol into a bar- I mean, the likelihood of me pulling it out and shooting someone is less than the likelihood that secondhand smoke will harm my lungs. So that should be ok.

And insofar as washing your clothes after going out-- I wash my winter coats and sweaters and dryclean my suits everyday- I mean- who doesnt?

Politcal correctness-- oooh what a bad word- not for me- Im tough- Im irreverent- Im my own american free thinking self- Im politically incorrect- and you better use that word- because it hurts my feelings when you say mental midget....

 

EAW:

You are correct. Martys was smoke free. I've spoken about it with the owner of Martys. Martys is relatively new, and the owner told me he knew it was only a matter of time before the ban took place, so he got a jump on it by opening from scratch as smoke free.

Martys is primarily a restaurant, not a bar.

And without the ban, it probably wouldn't have turned smoke free.

 

BostonRay: The health effects of second hand smoke go way beyond cancer.

I've had several physicians tell me second hand smoke makes the symptoms of colds and respiratory and infectious ailments much worse, in everyone from the casual cold sufferer to the person with serious respiratory ailments.

When I leave a smoky environment my eyes water, my throat hurts, and I feel like crap.

Yes, the cancer part certainly sucks. But so do these other things, whose effects I can see almost immediately.

 

"Whenever a government imposes itself in mandatory controls on business or an economic venture there is a 100% chance of catastrophic results. "

Really? Then I suppose the legal requirements that you not overserve alcohol to the point of drunkenness ruined the bar industry? 100% chance of catastrophic results? Wow. So any control on business ruins business? Then by definition America would be business-free, as I don't know a single business that isn't subject to government regulation.

And nearly every study to date in major US cities shows that the smoking ban has no significant effect on business. In fact, bar and restaurant business has gone up in NYC and other areas with smoking bans. I'm not suggesting a causal relationship - I'm just saying your doom and gloom assessment isn't born out by recent history.

 

"The bar owner or bartender become unwillingly the only "law enforcers" of this discrimination. They receive no payment or law enforcement training for essentially putting themselves possibly in harms way. Discrimination based on fraud breeds quickly into contempt and hatred. Here you are talking about 30-35% of those around you. Not a good thing."

Are you actually suggesting that smokers pissed off about the ban will assault bar owners and bartenders?

First, I don't know of a single instance of this having happened. How much law enforcement training do you need to tell a patron that DC has a smoking ban?

Second, that doesn't really say much for the decency of the smokers, does it? The bar owner and bartender have no choice - they must enforce the law. For a smoker to threaten them or treat them like crap because of it is beyond contemptible.


 

Hillman,

I smoke (there is no reason not to) and I get one cold every 3 years whether I want one or not. Doctors are reimbursed by RWJF for their support of the anti-smoking hysteria. After all Robert Wood Johnson paid $100 million to the American Medical Association to cement that support. Besides the docs would much rather have you looking towards smokers and 400,000 imaginary deaths without a single toe tag than looking at them with medical errors causing 150,000+ deaths with real toe tags rolling out the back doors of hospitals. There exists no scientific evidence that smoking, active or second hand, causes respiratory problems. Next time you see the ol'doc ask him to show you the scientific evidence. That means non-statistical medical research that has been independently verified by others(the scientific method). Statistics are neither verifiable nor reproduceable by others.

The economic problems of bars in smoking ban areas are covered up using a standard trick. Normally bar and restaurant receipts are tracked separate from fast food and package store receipts. When smokers boycott bars and restaurants they go to take out business and go home....take out business goes way up and bars go way down. To cover up and fool the fools of this fact the anti smokers just COMBINE bar and restaurant receipts with take out business receipts and what do you know...it shows no change. They don't have to tell you the truth, their job is to lie to you. This fraud is duplicated where ever the ban exists and they always headline it on the one year date of the ban.

By the way, the other famous respiratory lie from them is "Smoking and Second Hand Smoke causes asthma".....there are no allergens on cigarette smoke. You need an allergen to cause an allergic reaction. They know they lie..all they have to do is fool you. DC Smoke Free is a public relations firm, not a scientific firm. It's marketing.

 


Hey Boston- I think you should keep on smoking. I dont know what your brand is- but have you considered camel filterless?
Its got flavor.

"youve come a long way baby....."

 

You explain away the numerous studies that show no significant economic effect of smoking bans by saying it's masked by some magical huge uptick in takeout?

That's odd, since many bars in most cities don't have takeout facilities, and the measure is per bar, not some magical combination with takeout joints. And in nearly all cities with a ban there is an exception for bars that can show a significant loss of revenue. Yet apparently relatively few file for such an exception.

And can you point me to the studies that use this 'trick'?

Even if on the stunningly unlikely chance that you are right and there is a minor negative economic impact, it doesn't really matter in terms of my argument. The heart of my argument is that smoking on others in confined public spaces is arrogant and selfish, analagous to my examples of pissing or spitting on others.

It's worth noting that I don't think there's a single example of a major city reversing it's smoking ban. If businesses were crumbling as you suggest you'd think the citizenry in at least a few cities would see this and reverse the bans.

 

If you are really going to suggest that the countless studies showing real negative effects of second hand smoke don't exist then there's really no point in arguing with you. The level of danger is open to debate. But to suggest that there is absolutely no harm is just silly.

I'd suggest you do a simple Google search on the subject.

Or, as I did, ask your doctor.


 

Hillman;
"Studies" (statistics) are not research.
Please cite the name of the oncological scientific research project from a valid research lab that firmly established the cause of any cancer.

Please cite the oncological scientific reasearch project from a valid research lab that firmly established a direct link between smoking or second hand smoke and cancer.

Failing that, Please cite the medically scientific research project that firmly found a direct link between smoking or second hand smoke and any disease.

Hint: "studies" are derived from questionaires of dubious validity and "phone interviews" neither of which are verifiable. I just conducted a (unquestionable)poll (telephone) that (clearly) shows 100% of my co-workers like me. This happily indicates (remarkable and massive) support for me. (the results are astounding proof!) This is how your headline reads. The fact that I only called the person in the next office does not change the results. If I also called my ex-wife it would probably be 50%-50%...throw in my dog and you get 66% yeah! and 33% blah! Throw in my girlfriend and it is 75% in favor and 25% nay. This is exactly how the anti-smokers pull off the headline "75% of state residents support BostonRay (smoking ban) in statewide poll conducted" All their polls indicate 73-75% support and they are conducted in the exact same way mine was.

The rest of their "studies" headlined "are not available at this time - real response from American Cancer Society PR rep when asked for a copy of their cited "study".

Hillman their "studies" exist but none reach the Relative Risk requirement of above 3.0 in order even to be published. An RR of less than 3.0 is proof of nothing. By the way RR 1.0 = 0. Once again statistics are not science.

 

Will BostonRay and Hillman hit the elusive 200 comment mark on a subject that has been beaten to death? Stay tuned to find out.

 

I can't wait until a bar gets an exemption. If there's one city that can royally fuck up a smoking ban, it's gotta be D.C.

Perhaps then Hillman would be insulted enough that he'd move, doing everyone in D.C. a favor.

 

Methinks BostonRay takes the aphorism "correlation is not causation" a little too much to heart.

 

Boston: I have no desire to debate whether or not second hand smoke is dangerous or not. Nearly every major medical group says it is, at least to some extent, and the vast majority of individual medical professionals agree. That's good enough for me.

Cleveland: Why the snarkiness? If you don't like my posts, don't read them. But I agree that if there is one city that can fuck up the ban it would be DC.

Hill Rat: I agree, this subject has been beaten to death. But every time I think I'm out someone either insults me personally (usually in lieu of an actual argument) or brings up something stunning like saying second hand smoke poses no danger, while ignoring the primary parts of my argument.

 

As a long time smoker I really don't have a problem with DC having a smoking ban if thats what they want to do. Is it going to stop me from going into the city to eat? No. The subway that closes too early, the lack of parking, shitty roads already do a good job of that.

I have always tried to make sure that my smoking doesn't bother someone else. If someone is sitting at a bar near me I am not going to light up. Only a rude ass would do that.

But one time at intermission at WSC, yeah I know its not in DC, I walked outside to catch a smoke and walked to the far end of the loading dock to do so. Not more then 20 seconds after I lit up a man and his wife walked up and stood next me at the railing. He turns to me and asks me if I wouldn't mind not smoking near him. Now understand I walked as far away as I could from the main door to the lobby and he walked up and stood next to me. So of course I told him to get bent. Its like some non smokers think I as a smoker should have to make all the accommodations for them and that they shouldn't have to make any at all. So I guess the next thing will be that I cant smoke on public property outside, then on private property outside, then in my car, then in my house, then any where at all. Thats where some people want to take it. They want to take all choices out of our lives. Tell us not to smoke, what to eat, what to drink, what to think, what to say, etc etc etc. And its not a matter of Right Wing or Left Wing. Both sides have control freak idiots enough to go around.

 

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It might be possible. I for one haven't been to a bar in DC since the smoking ban, and have no intention on going to one until they have their exemptions come about. I enjoy smoking when I drink. I'm not going to a place where I cannot smoke.

 

Hilman wrote, "It's most probably BS. A 'study' whose authors obviously have a vested interest and can't give you even basic data sounds like BS. Throw in the fact that DC would be the very first major US city to have such an outcome, and it's safe to say that without further proof this just isn't credible."


The "vested interest" is the interest of the Restaurant Association whose revenue is affected by the smoking ban. How much more HONEST of an interest could there possibly be? Should we believe studies by the antismoking or tobacco industry lobbies instead???

As far as DC being "the very first major US city" to be hurt by a ban, I'd suggest that anyone who believes this visit

http://kuneman.smokersclub.com/economic.html

For a study based upon completely open and verifiable public data that clearly shows otherwise, at least at the state level (which, according to antismoking mantra, should be more reliable since it eliminates any "unlevel playing field" claims). When the actual numbers are analyzed it appears that California may have lost on the order of one hundred billion dollars of revenue in the years since their bans started seriously kicking in. Read the study yourself: it's not technical, it's short, and it's verifiable. The bottom of that page lists a dozen or more other supportive studies as well.

As far as health arguments go, visit my web page below and scroll down to the first box under the red-headlined essays. Download the short booklet there and read the examinations of the antismoking lobby's favorite studies. You'll be surprised... and maybe angry.

Smoking bans are bad laws based upon lies. They deserve to be ignored.


Michael J. McFadden
Author of Dissecting Antsmokers' Brains
http://pasan.TheTruthIsALie.com

 
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