Bars and restaurants in Minneapolis are licensed public accommodations and are subject to ordinances and codes of this city. People can argue about the wisdom of a restaurant/bar smoking ban but arguing that those establishments are "private" or that they "have a right to run the business as they see fit" is simply not an argument at all.
There is a mountain of case law that makes it abundantly clear that these establishments must adhere to ordinances/laws that enforce a variety of requirements for these licensed establishments. Requiring or restricting certain conditions and activities to protect public health (which is the context of the restaurant/bar smoking ban)are included in those requirements. Unlike several posters to the Issues List, even the hospitality industry concedes that point. The Minneapolis restrictions on smoking do not ban that activity. Like drinking, gambling, sex (and other necessary bodily functions) the public does put some limits on where and when you can engage in these activities but they are not banned outright. Indeed, life may be unfair but people ought not to quit working to make it less unfair. Jim Bernstein Fulton -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Michael Thompson Sent: Thursday, March 03, 2005 7:43 AM To: David Strand; [EMAIL PROTECTED]; [email protected] Subject: Re: [Mpls] Statewide Smoking Ban People like Mr. Strand have always had the choice to patronize clubs and restaurants that did not allow smoking. People like Mr. Strand and the city council just felt it necessary to have a law passed increasing the number of choices available. In doing so, the ban actually removes choice. Apparently a sizeable portion of the populice is unable to decide to stay out of places that are not healthy for them and need a law to dictate their choices for them. Thanks, freedom fighters. Like I've said before....I don't like rap "music," so I stay out of places that play it. If you don't like smoke, why on earth can't you just stay out of smoky bars? What is so tough about it? I trust people like Mr. Strand will now be patronizing the local VFWs and American Legions and Cardinal Bars and Adrians that you didn't go into lest you have a three-day recovery time. See you there, right? Life ain't fair, sir, and your respiratory allergies should not deny a business owner the right to run a business the way he or she sees fit concerning a legal product that the state makes a lot of money on. Apparently business owners have to now cater to your allergies so you can feel more "socially free." This city is screwed up. Mike Thompson Windom ----- Original Message ----- From: "David Strand" <[EMAIL PROTECTED]> To: "Michael Thompson" <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]>; <[email protected]> Sent: Thursday, March 03, 2005 1:29 AM Subject: Re: [Mpls] Statewide Smoking Ban > Hmmm... this issue is not likely to go away as > yesterday Rhode Island became the seventh state to > pass a comprehensive statewide ban more similiar to > the strict version still alive in the Minnesota State > Senate. > > I for one will be visiting nightclubs, bars and > restaurants in Minneapolis and Hennepin County far > more frequently following the ban than I did > previously precisely because they will know be > accessible to me since I have become able to be in > smoky environments without becoming seriously ill(due > to respiratory allergies). > > I love to go out clubbing and out to eat but it's not > worth a three day recovery time involving lots of > antihistamines, inhalers, and missed work which is > what it has come to for me personally. > > I will feel far more socially free in Minneapolis and > Hennepin with the coming ban and look forward to it > with anticipation. > > > > David Strand > --- Michael Thompson <[EMAIL PROTECTED]> wrote: > > Thanks be to G-d above that this silly legislation > > went exactly where it > > should, in the proverbial ashcan (pun intended). > > > > Maybe the Minneapolis city council will realize that > > their efforts to > > "protect workers" really put them out of step with > > rationality. On second > > thought, I doubt it. > > > > > > > > > __________________________________ > Celebrate Yahoo!'s 10th Birthday! > Yahoo! Netrospective: 100 Moments of the Web > http://birthday.yahoo.com/netrospective/ > > REMINDERS: 1. Be civil! Please read the NEW RULES at http://www.e-democracy.org/rules. If you think a member is in violation, contact the list manager at [EMAIL PROTECTED] before continuing it on the list. 2. Don't feed the troll! Ignore obvious flame-bait. For state and national discussions see: http://e-democracy.org/discuss.html For external forums, see: http://e-democracy.org/mninteract ________________________________ Minneapolis Issues Forum - A Civil City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:[email protected] Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls -- No virus found in this incoming message. Checked by AVG Anti-Virus. Version: 7.0.308 / Virus Database: 266.5.0 - Release Date: 2/25/2005 -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.308 / Virus Database: 266.6.2 - Release Date: 3/4/2005 REMINDERS: 1. Be civil! Please read the NEW RULES at http://www.e-democracy.org/rules. If you think a member is in violation, contact the list manager at [EMAIL PROTECTED] before continuing it on the list. 2. Don't feed the troll! Ignore obvious flame-bait. For state and national discussions see: http://e-democracy.org/discuss.html For external forums, see: http://e-democracy.org/mninteract ________________________________ Minneapolis Issues Forum - A Civil City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:[email protected] Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls
