'In fact, even if, as some bar owners and union leaders claim, 75% or so of
bar employees don't want the ban, too bad.  I don't believe it, but it
doesn't make any difference. "

Hmmm.  There's a word for this type of thinking.




Dennis Tester
Mac-Groveland




----- Original Message ----- 
From: "Andy Driscoll" <[EMAIL PROTECTED]>
To: "St. Paul Discuss" <[EMAIL PROTECTED]>
Sent: Friday, August 27, 2004 1:29 AM
Subject: Re: [StPaul] Smoking Ban Update


> on 8/26/04 11:33 PM, List Manager <[EMAIL PROTECTED]> wrote:
>
> > From:
> > Here is my understanding of where the ban is at:
> >
> > Its my understanding, that the smoking ban could be acted upon as
> > soon as next week. However, according to today's paper, the ban as it
> > currently stands is only likely to gather 4 votes. Which is not
> > enough to override a veto by Mayor Kelly. It appears that Mayor Kelly
> > will veto the ban as it is currently worded.
> >
> > The compromise ban, that allowed smoking is some establishments was
> > pulled off the table by Dan Bostrom, who apparently didn't like an
> > amendment that had been attached to it.
> >
> > Do I have this right?
>
> Sort of.
>
> Dan may not have liked the amendment which changed the percentage of
liquor
> sales required for exemption from 50% to some significantly higher
number -
> like 70% - meaning that it would have to be very much a liquor-serving bar
> and very little food to be let off the hook. Fifty percent would have
> exempted far too many. But no percentage is adequate for the public
health.
>
> The real reason Dan pulled his bill is that his version never secured a
> required majority of four votes to pass. He never lobbied any one of his
> colleagues to negotiate his provisions to secure a compromise one of the
> other four could live with, something any reasonable legislator knows he
or
> she must do to gain the necessary votes for passage. So they never
> materialized. This was Kelly's bill, not Bostrom's, anyway. Bostrom almost
> never proposes legislation.
>
> Dan was also sick as a dog Wednesday, ashen and woozy. We hope it is
merely
> a flu.
>
> The issue of the Thune bill is that it exempts no bar or restaurant, and,
> because Randy Kelly disingenuously vetoed a bill that actually represented
> the regional uniformity he keeps claiming he wants (the smoking rooms were
> easily extracted without vetoing - or allowing an override, then amending
> the rooms out), Thune's measure will get the four votes to pass, but not
> five to override.
>
> Kelly has claimed all along that he was opposed to Thune's bill because he
> didn't want St. Paul isolated from the rest of the region in slapping a
> smoking ban on bars and restaurants only in his city, especially with the
> allowance for smoking rooms. What makes that a disingenuous and
manipulative
> posture is his continued dancing around the very conditions now presented
to
> him by the total bans in Bloomington and Minneapolis (and soon, all of
> Hennepin County).
>
> To prevent St. Paul from joining those two largest cities in the state as
> the core of a regional solution is unforgivable, not only because he lied
> about his reasons for a veto and his assertions that regional solutions
were
> necessary not to put St. Paul bar owners and restaurateurs at a
> disadvantage, but because he'd be getting with his insistence on
exemptions
> the very mish-mash of ordinances and laws he had claimed would be bad
> policy. He was right, by the way; he simply vetoed (voted) directly
opposite
> of his lip service.
>
> The incredible stubbornness of the rude and boisterous bar owners who
> heckled Dave Thune and his colleagues at the public hearing Wednesday
> evening is indicative of just one thing: their smoke-filled rooms serve as
a
> boost to alcohol sales; smoking would not be the deciding factor for their
> customers to continue patronizing their joints. Ninety-nine percent of
them
> patronize a bar because for the company they keep and the food they eat,
not
> just whether smoking is allowed.
>
> No decent drinker or smoker can deny that a drink makes a smoker want to
> light up and that the smoking makes them want another drink. And so it
goes:
> have a drink, light up, order another drink, light up again, and so on.
It's
> a hand-in-glove proposition that by their addictions they will be drunker
> and sicker for their evening in a barroom - both dangerous states of mind
> and judgment when the evening ends.
>
> But bar owners don't really care that this behavior is a threat not only
to
> the health of their workers and their customers, but to the public
at-large
> as well, because, of course, the more sodden the customer, the more
> dangerous he or she is heading home behind the wheel. No. The profits from
> alcohol sales are too huge, and the loss of smoking that spawns far higher
> per capita consumption of alcohol means that those profits would have to
be
> replaced with additional customers. Besides, bar owners don't believe new
> customers will actually start coming in for smoke-free socializing.
>
> If any governmental unit, including St. Paul, Ramsey County and Dakota
> County, is thoughtless enough to pass bans with exceptions based on
> unenforceable percentages of alcohol vs. food sales, they're all inviting
> unnecessary lawsuits by the dozens. The line between the two can be
> altogether too fine - and some bar is going to fall under the smoking ban
> when they think they shouldn't and/or when their competition across the
> street is considered exempt, perhaps by just a few dollars in liquor
sales.
>
> It's unfair to all of them to create an exemption for any of them, and the
> costs of enforcement as well as the costs in health care, insurance rates
> and potential lawsuits inherent with selective exemptions would be a
fiscal
> disaster lying in wait. With exemptions, somebody gets screwed. Without
> exemptions, some will think they're screwed, but they won't be because the
> law will be applied uniformly and no one can cry "foul."
>
> St. Paul citizens should tell Randy Kelly, Councilmembers Debbie
Montgomery,
> Pat Harris and Dan Bostrom and Ramsey County Commissioners Rafael Ortega,
> Victoria Reinhardt and Jan Wiessner that they are toying with such
disaster
> if they pass the Olmsted County (Rochester) model ordinance, especially
when
> Minneapolis and Bloomington and all of Hennepin County will be the places
> St. Paul/Ramsey County residents go for safer and more comfortable
> smoke-free dining, drinking and socializing.
>
> All of this is over and above the basic reason for the smoking ban: worker
> safety and public health. It is the responsibility of government to
protect
> both, libertarian smokers and bar owners notwithstanding. In fact, even
if,
> as some bar owners and union leaders claim, 75% or so of bar employees
don't
> want the ban, too bad. I don't believe it, but it doesn't make any
> difference. Sometimes we must be protected from our own inclinations to
> self-destruct. Lord knows that here, in the heart of the recovery belt,
most
> of us have learned that our own judgment for self-preservations is out of
> whack under the influence of these drugs - nicotine and alcohol.
>
> Call these people and tell them what their duty to their people is really
> about.
>
> Andy Driscoll
> Crocus Hill/Ward 2
> ------
>
>
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