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October 19, 2005

Austin Smoking Ban Upheld

By Karl-Thomas Musselman

From the Statesman:

A federal judge has upheld the voter-approved City of Austin smoking ban but ordered the city not to revoke licenses or permits of business owners who violate the ban without first allowing them to have some sort of judicial review. The judge also ordered the city to limit fines against businesses that do not comply with the ban to $500.

U.S. District Judge Sam Sparks also said the city fine for violators of $2,000 violated state law.

...

Sparks also ruled that there "has been no clear showing by plaintiffs that the threatened injury of loss of business income outweighs the injury to the city and the citizens of Austin who enacted the ordinance."

I find it slightly ironic that the same businesses who whined that "constant revision of local ordinances disrupts the economic atmosphere and discourages investment or economic expansion" choose to try to force the judiciary to revise the local ordinances yet again. I guess it's less about any coherent value system and more about their bottom line.

They're businesses, they should be worried about their bottom line, but at the same time, personally I can't get too worked up about businesses that depend on an activity that kills you and negatively affects those around you. Now that I'm 21, I look forward to visiting downtown bars and music venues and not coming back smelling like a Drag Rat.

Posted by Karl-Thomas Musselman at October 19, 2005 12:45 PM | TrackBack

Comments

More government regulations, just what we need. Let's take away liberty one law at a time -- California style.

Posted by: Luke Hansen at October 19, 2005 01:22 PM

Exactly, which is why we should oppose the Texas Marriage Amendment.

Posted by: Karl-T at October 19, 2005 01:25 PM

If you think two people of the same sex should have the right to choose to get married, why shouldn't a business owner have the right to choose whether his or her patrons can smoke?

Because of this ordinance, soon you will have fewer choices of downtown bars to attend -- regardless of how you smell.

Posted by: whiskeydent at October 19, 2005 01:54 PM

Which ones were you planning on going to? Just wanted to make a mental note.

Posted by: norbizness at October 19, 2005 02:55 PM

I think people should be able to have whatever kind of sex they want and smoke whatever they want...but I don't think they should be able to make me breath their smoke or make me have sex with them :-) Peace kiddies.

Posted by: Ben at October 19, 2005 03:35 PM

Yes, let's get rid of that activity which "kills you and negatively affects those around you" at bars so we can drink our harmless beer and liquor without nuisance.

Posted by: Deaf Smith at October 19, 2005 03:44 PM

Excellent point. For those folks who are genuinely health-concerned and live all-around healthy lifestyles, I can understand voting for the ban. But I know way, way, way too many people that voted for the smoking ban because "they hate smelling like smoke", yet still:

1) Don't have safe sex; or
2) Don't mind smelling like booze at the end of the night; or
3) Are comfortable getting in their car after a night of drinking; or
4) Have terrible eating habits...

I could go on and on. This isn't going to make smoking disappear from downtown. It's just going to move it to the street, where second-hand smoking will still be a factor, only now it will affect everyone that goes downtown, and not just those that want to go hang out in a bar.

The ban is little more than a knee-jerk morality law, passed -- not entirely, but primarily -- by people that believe smoking is evil and/or never go downtown anyway.

Posted by: Phillip Martin at October 19, 2005 04:14 PM

And, uh, a friend of mine still smokes downtown, in bars. In fact, when I... I mean my friend... asked a bartender if he could smoke on his birthday (which was last friday), she said only if he would let her have a drag, as she was about to have a "nic fit".

And if you go to the Aquarium, they still smoke upstairs. Half the bars have patios anyways, and people smoke up there. And people don't do anything healthy downtown. You go to bars to drink, smoke, fight, get it on and play pool. After last call you eat pizza or tacos. All bad for you.

Oh, and if you don't like second hand smoke, don't go downtown. At least that's the way it should be. You don't have a right to not be inconvenienced at a place that you don't have any obligation to be at.

I also think it is ridiculous the way this town sticks its thumb in the eye of one of its biggest industries--entertainment. Houston is pretty friendly to the energy industry, San Francisco to shipping, New York to high finance. That's because the cornerstone industry of your city provides the foundation for your prosperity and the way of life of the people who live there. Entertainment is a HUGE industry in this town and what people know us for. Our cavalier attitude towards noise ordinances, smoking bans, etc. is ridiculous. Bars are already talking about closing their doors, some are already doing layoffs. Great job, assholes.

Finally, bars now smell like sweat, cleaning solution and skunked beer. Some things smell worse than smoke.

Posted by: Andrew Dobbs at October 19, 2005 04:59 PM

I've been smoking for thirty years and there's nothing wrong with my lung!

Posted by: Dave In A Cave at October 20, 2005 08:45 AM

http://www.chicagotribune.com/news/opinion/moreletters/chi-gfe2292ao.3oct20,0,2009972.story?coll=chi-newsmoreletters-hed
Smoking issues
Published October 20, 2005


Shall we put this smoking issue in perspective?

Smoke from a handful of crushed leaves and some paper, mixed with the air of a well-ventilated venue is dangerous to your health?

If anybody believes that, then I have a bridge I would like to sell them.

It is not about health and it
never was about health. It is all about de-normalizing smoking.

Unfortunately, the
hospitality sector is caught in the crossfire.

Thomas Laprade

Thunder Bay, Ontario

Copyright © 2005, Chicago Tribune


Posted by: Thomas Laprade at October 23, 2005 11:12 PM

I think this whole debate or rationalization from smokers is absurd. People you will never convince smoker's that non-smoker's can die, are dying, or have died from second hand smoke, because it is not that they are stupid, or just don't get it. It's simply they don't care because if they did care would they be smoking, or even smoking around their kids, or elderly parents and so on. So when they start crying and gripping about their rights, what about our rights (non-smokers)that we chose, choose, or choosen not to smoke not have the same rights. Also why is it that every workplace, or business that is smoke free always designate the smoking area right by the door....dumb!

Posted by: Jeannie at November 14, 2005 08:51 PM

Why is it that people ride around with their animals in the back of a pickup truck....come on people use common sense, either put them inside of the vehicle with you or place them inside of a kennel or pet taxi, really that is the least you can do for man best friend. If that does not matter to you I believe it is a law.

Posted by: Jeannie at November 14, 2005 08:59 PM
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