Quoting Laura Waterman Wittstock <[EMAIL PROTECTED]>:

> On Wednesday, May 5, 2004, at 04:12 PM, WizardMarks wrote:
> 
> > Jeremy Wieland wrote:
> >
> >> Given that there are smokers, and that smokers seek out smoking
> >> environments, why not either pass an "all or nothing" ordinance, or 
> >> provide
> >> for a finite number of "smoking establishments."
> 
> 
> > WM: What about established restaurants whose business, built up over a 
> > couple of generations from virtually nothing to a restaurant that 
> > supports a family and provides 50+ jobs to the community.
> 
> > WizardMarks, Central
> 
> All smoking or some smoking in places where the public is served both 
> expose workers to environmental smoke, a liability for the owner and a 
> health risk for the workers.
[...]

Is anyone aware of law or precedent in Minnesota suggesting business 
owners are liable for injuries to employees or patrons caused by second-
hand smoke?  This seems like a pretty significant consideration.

For that matter, given all the arguments that are flying around, are 
there definitive answers on (1) health risks of second-hand smoke; or
(2) the effect of a smoking ban on various businesses.

I've always assumed that second-hand smoke has some sort of dangerous
effect, but I don't know for sure.  I'd feel more comfortable advocating
a change in law based on cancer risks than stinky overcoats.

Regarding the second point, there seems to be a lot of controversy about
this.  Living in NYNY, the Mayor has argued that business is up since the
ban went into effect, but others have responded that business in bars and
restaurants is down.  

E.g.:  http://www.nyc.gov/html/doh/html/public/press04/pr031-0329.html
http://www.nypost.com/postopinion/opedcolumnists/18109.htm
http://www.washblade.com/2004/4-23/view/columns/smokescreen.cfm  
http://www.nynewsday.com/news/local/ny-bc-ct--smokingban0429apr28,0,1561558.story?coll=nyc-regionhome-headlines

If the health problems are that serious (which should go to the liability
issue) that would obviously outweigh the economic harm.  But if these
issues are murky, I think there should be much more discussion before the
city considers a ban.

Regards,

Mike Skoglund // Financial District NYNY // Bancroft MPLS
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