September 20, 2005
City of Austin Sued over Smoking Ban
By Karl-Thomas Musselman
One last nugget from today's Central Texas Digest. I've only been downtown once since it went into effect, but then again, that's almost more often than I regularly visit 6th Street, and I've certainly spent more on 6th after the ban than before it, though not for smoking v. non-smoking reasons as of yet.
Several businesses filed suit Friday against the City of Austin, saying the smoking ban passed in May violates state law by including penalties that are too high.
The suit also contends that the ordinance is too vague, is unconstitutional and violates state law regulating smoking in public places. The businesses that filed the suit include the Warehouse Saloon & Billiards, 219 West, Elysium, Lovejoy's Tap Room and Brewery, Beerland, the Horseshoe Lounge and Ego's. The ordinance bans smoking in public places and workplaces, with a few exclusions.
For those of you who have experienced the new nightlife, what are your thoughts on the effects of the new ordinance?
Posted by Karl-Thomas Musselman at September 20, 2005 01:56 AM
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I still smoke in bars. I'll either go to the men's room or just stand in the back. It will be loosely enforced at first and then when they realize that there is a shoddy enforcement system in place it will be largely ignored.
Also, bars now smell like... bars. There are some things that smell worse than smoke, believe it or not.
what the heck? is that legal?
Do I understand the smoking ban right in that it is the responsibility of bar staff to enforce it? That if an adult, of his or own free will, choses to break the law, that the bar will be held liable if they don't somehow make that person put it out? That seems kinda stupid and unfair. It's like fining a shopkeeper if customers shoplift.
If you want to have a ban, fine. Hire extra cops to enforce it. Or, better yet, a volunteer band of anti-smoker vigilantes who voted for the stupid thing.
Just remember fellas, you can't blame conservatives this time. Conservatives are in the back pocket of tobacco, remember?
I haven't seen how this is affecting the bars that have filed suit, since I have only gone to places with patios for smoking since the ban took effect.
I will tend to choose to drink where I can smoke.
