All right, Tim. I've stayed away from the recent exchanges, but you've asked
and now I'll weigh in.

on 5/28/04 12:00 PM, Tim Erickson wrote:

> I am going to ask once more, that we try and remove the personalities
> from this discussion.

It's about time.

> 
> The attacks on Dave Thune appear irrelevant. And a discussion over
> over the "sincerity" of Kevin (from the Eagle Street Grill) appears
> fairly pointless. We're not going to come to any kind of agreement on
> that issue - nor should it really influence the outcome of this
> decision.

Tom Swift has gotten away with calling people more names than a church
roster. It's always open season on politicians, generally, but this stuff is
conjecture, pure and simple, having nothing to do with the smoking ban.
Besides, Dave Thune's mismanagement of his loans is a far cry from the
exploitation of the STAR grant program by several dozen retailers in both
his ward and several others, all filtered through so-called community
development councils. Most of the bar owners, real estate agents and service
dealers along West 7th have flourished under taxpayer funding, either direct
to their business or by the business brought to them on a silver platter by
such publicly subsidized private operations like Xcel Center where the
wealthy Wild reap enormous profits with not a dime of equity investment.
They get it all.

Now, some citizens financiers of all of those businesses want to be able to
patronize them without choking on the air inside them.

> 
> My own support or lack of support for the Smoking ban has nothing to
> do with Dave Thune's gallery or Kevin's sincerity.
> 
> The legitimate issues are hand, in my opinion, are:
> 
> 1) Will a smoking ban really put people out of business?

If the smoking ban puts anyone out of business, it'll be because they've
mismanaged themselves into bankruptcy. Fans will never stop coming to the
"X" for any number of events - games, concerts, festivals, conventions -
simply because the bars and restaurants surrounding it are smoke-free. In
fact I will wager anyone willing to take a sucker bet that business for
those places will increase and broaden to flourish *between* games,
concerts, festivals, and conventions.

The same will be true of neighborhood bars because they're just that -
neighborhood bars. Patrons of neighborhood bars are not going to move out of
the city because they can't smoke there, and they're at their neighborhood
bars to drink. They may drink a little less since there is, in fact a direct
correlation between smoking and the amount of alcohol consumed in any one
sitting. Drinking urges increased smoking among addicts and increased
smoking and the air around it dries out the throat and mouth, thus driving
greater alcohol sales. (Of course, few drinkers know that both addictions
dry them out, but the illusion persists that one offsets the other. It just
feels that way.)

This is the real squeal for bar owners: smoking drives increased liquor
sales. Huge profits in liquor sales as it is - smoking may diminish some of
that profit if patronage stays the same. But the record shows that overall
patronage increases after going smoke-free.

Moreover, since most patrons of bars and restaurants are there for
socializing, they'll find the competition has the same smoke-free atmosphere
as their favorite watering hole. That means business pretty much would stay
even if no one new showed up.

> 
> 2) Do the health risks of second hand smoke justify the
>    policy, even if some businesses MIGHT go out of business?

Absolutely. The health risks of second-hand smoke, yes, but no health risk
should never be subordinated by economics. Again, only improperly
capitalized and/or mismanaged businesses would go belly-up - but rarely, if
ever, as a result of public policy (unless eminent domain has bought them
out).

> 
> 3) What are the rights of business owners and patrons in this case?

Businesses are licensed public accommodations - not wholly private - when
they open their doors to all potential customers. The licenses issued
require that they meet a litany of standards for protecting the public
health - food spoilage, serving and storage equipment and utensils, surface
contamination in all areas, fire contingencies - exits and extinguishers,
even structural integrity in the building. Breathable air and potable water
are among them. Patrons deserve to know that the city (and state) have
protected them in case the business owner has not (many did not until
protections were enacted).

> 
> 4) If the city imposes this ban, is there anything that the city
>    can or should do to either reduce the risk for bar owners
>    or compensate them for potential losses?

Nothing more than a smoking ban - which will compensate them plenty when the
other 65%-80% of the population feels comfortable patronizing their
establishments. It is not the City's business to protect anyone from
"potential" losses, it's the City's *duty* to protect the public safety and
health - that's it. We've already financed private businesses around here
far more than we've financed the general health and welfare of the
community, especially in recent years.

We are not responsible for business success and we're not responsible for
their failure. We're sure as hell not responsible for maintaining their
alcohol profits, which is what this flap is really about - not their ability
to make money.

If bar owners actually lose big money, let them prove it was because of the
smoking ban and not mismanagement. (I say they cannot. So would a court.)
Some might see a temporary dip in alcohol sales at the outset, but not
enough to put them out of business. Even the screaming owner of Grandma's in
Duluth cited only his first *month's* receipts (April to May, 2003) as
indicative of the damage done by that city's ban (51% drop in beverage sales
with much less a drop in food sales). Almost all of that has bounced back.
But we've heard little about that. Oh, yes, some reduction in alcohol sales
is to be expected given the information above, but an overall increase in
business can also be expected.

> 
> 5) The role of the city in regulating private businesses, in
>    this case restaurants and bars.

See #3 above.
> 
> 6) Other suggestions...?

Let's put all the hysteria into perspective. Most of the opponents are those
with a generally greedy axe to grind and not anywhere near a majority of the
general public. 

I say calm down. Protect the public health. Stop trying to scare people into
setting aside the vastly more important public health issues for protecting
the most marginal bar operations (the restaurants of note really can't wait
for this to go into effect and already know they'll make big money when it
does). On balance - this is a slam dunk for everyone involved, perceptions
and fears notwithstanding.

Andy Driscoll
Crocus Hill/Ward 2
------


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