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Stogie News: A Smoking Bans Update

21 Aug 2008

Here at StogieGuys.com, we make an honest effort not to grumble too often about government-mandated smoking bans and the anti-tobacco zealots who advocate them. While we’ve made no secret of the fact that such invasive bans limit choice, violate private property, and are justified only by shoddy “science,” we try to focus on the more enjoyable aspects of the wonderful hobby we all share in our daily coverage of the world of cigars.

But understanding what’s happening in the increasingly hostile smoking ban movement is an essential tool in asserting our freedoms as cigar smokers and standing up for the rights of restaurant and bar entrepreneurs across the nation. In that spirit, and since I haven’t written anything similar since March, I offer the following news items for your consideration. They are by no means all-inclusive; they’re simply a few of the more interesting smoking ban stories to surface as of late:

1. Charleston, WV: “Some Kanawha County bar owners are uniting Tuesday night to make one clear statement about the new smoking ban. They’re putting the ashtrays back out, allowing smokers to light up once again, and breaking the law. It’s all to protest the expanded ban, which eliminates smoking in most public places including bars and gambling parlors. It’s like old times inside the Black Hawk Saloon. Business is booming for owner Kerry Ellison on this night dedicated to smokers. Ellison is breaking the law and proud of it. He’s standing up against the smoking ban he says has cut his business in half.”

2. Davenport, IA: “Regardless of your opinion on Iowa’s smoking ban, some of the temporary administrative rules—such as the distinction between bars and restaurants—go beyond the intent of the law…Obviously, legislators intended for bars to permit smoking outside. However, instead of being explicit in their definitions, legislators defined bars as venues where serving food is ‘incidental’ to the consumption of alcohol, but they didn’t define ‘incidental.’…But the [Iowa Department of Public Health]‘s definition means that bars serving burgers, chicken, or anything requiring a grill are considered restaurants. The Iowa law was already more strict than the one in Illinois, which permits smoking in almost all outdoor locations, including the outdoor seating areas of bars and restaurants. But the interpretation by IDPH pushed Iowa’s rules to the extreme.”

3. Chillicothe, OH: “An Ohio group is launching a campaign with the hope of repealing some provisions of the statewide smoking ban approved by voters and instituted in the spring of 2007…Opponents of Ohio Bans says the bill will restore exemptions to the smoking ban for family-owned businesses, outdoor patios and private clubs—organizations that have been vocal in opposition to the ban and have said they have been financially hurt by it.”

-Patrick A

photo credit: Flickr