Owners of small bars and restaurants are threatening to allow customers to smoke New Year's Eve after 9 p.m. New Year's Eve Smoking Ban Protest Eyed by Bar, Restaurant Owners
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Is there a way health issues of hospitality employees can be protected and smoking desires of some customers be granted?
That knotty question likely will be facing new Gov. Rick Snyder and the new Legislature when they hit Lansing in January.
Owners of small bars and restaurants are threatening to allow customers to smoke New Year's Eve after 9 p.m., in a growing protest over Michigan's eight-month old smoking ban.
The Michigan Licensed Beverage Association (MLBA) says a survey of owners of 2,500 establishments showed loss of an average of 20.62 percent of business in the first three months of the ban.
And, owners of about 400 smaller establishments with revenues under $250,000 a year said losses were more than 27 percent over the same three months.
However, the state counters, claiming that a study in September showed more than 70 percent of Michigan residents favored the ban and more than 80 percent believe second-hand smoke is a health risk.
"We aren't going to change everyone's mind about this law," said James McCurtis of the Michigan Department of Community Health. "Overall, Michiganians are in favor of the law. That is why the Legislature tackled it."
Lance Binoniemi, executive director of the MLBA, said bar owners who have permitted smoking despite the ban say enforcement is varied. In some cases law-abiding bars have reported competitors for allowing smoking in violation of the ban.
Earlier this year, some bars and restaurants protested the ban by refusing to sell the state's Club Keno lottery tickets.
The State Lottery Commission says sales fell 14.15 percent from May to September compared with the same period of 2009, costing the state $29.4 million.
McCurtis said the effects of the ban will moderate as customers who shunned formerly smoky bars and restaurants return.
"In a little bar that doesn't serve food -- I can't see it," said Detroit bar manager Mike Ostin, a smoker. "I would be better off opening a bar in communist Russia. I'd have more rights."
Tom Weber, Acting Chief Deputy Commissioner of the Michigan Lottery, MLBA members that Keno sales were significantly down since the Smoking ban took effect May 1, 2010. Unaudited figures from the Lottery showed sales down 18 percent in May, 16 percent in June and July, compared to the same months in 2009.
"Unfortunately, this decline is not a big surprise to those of us in the hospitality industry," said Binoniemi of the MLBA, adding:
"Since lawmakers started tossing the idea of a smoking ban around more than 10 years ago, we've tried to tell them our businesses will be adversely affected. These numbers from the Lottery are clear and obvious evidence that our predictions were on the money."
Binoniemi called Michigan's ban "an awkwardly-worded and poorly-designed piece of legislation."
He said further that the Smoking Ban has caused confusion around the state as enforcement is under local health departments, often lacking funding and personnel, and failing to get direction from the State to adequately enforce the new law.
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gamby104 Says:
On December 26, 2010
at 05:12 PM
when I applied for any job I knew of the working conditions. If I didn't like the conditions I didn't take the job. I always thought the employee was to adapt to the job, not the job adapting to the employee. After all that's why your getting paid!.......LIFT THE BAN...LET FREEDOM RING......
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WALLWE Says:
On January 03, 2011
at 11:33 AM
AS USUAL BACKERS OF A BAD PROPOSAL USE WHATEVER FACTORS THEY MAY LIKE TO MAKE THEIR POINT. OBVIOUSLY THE CURRENT ECONOMY WHICH HAS HIT RESTAURANT AND SALOON OWNERS EQUALLY IS FALL OUT OF CURRENT ECONOMY. TO ASSIGN THOSE LOSSES TO SMOKING BAN IS LUDICROUS. SUPPORTING SMOKING WRONG THINKING. I AM SURE THOSE SAME OWNERS DON'T LIKE PAYING HEALTH POLICIES COSTS OF WHICH MANY ARE DUE TO CONSEQUENCES OF SMOKING AND SECOND HAND SMOKE.
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mi.sunshine Says:
On January 17, 2011
at 09:18 AM
This ban creates a form of condemnation without proper do process. This law creates a loss in revenue for many establishments and they should be compensated in the form of lower tax values as their property now has restrictions attached to it. If you lower my value, then it should be compensated by lowering my taxes both real estate and income. Farmers receive compensation when the government restricts what or how much they can plant of a certain commodity, then they better pony up to the treasurer's office and make good. This is just another example of the bureaucrats being influenced by special interest groups via PAC dollars or should we say "legalized Bribery". This law should be unconstitutional based on the fact the Casinos do not have to participate due to business reasons. Business is business no matter what nationality or classification it may fall in.
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klkearnsjr Says:
On February 15, 2011
at 06:59 AM
As a young professional, the fact that the smoking ban was part of state law was a, albeit small, factor that helped in convincing me to move back to MI. If the ban get overturned, I suspect that many young, educated professionals will look elsewhere if given the choice. I understand that the small bar owners are struggling, but I sometimes wonder if that has as much to do with the economic situation as it does the smoking ban.
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Dave Rogers |
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