A Breath of Fresh Air or Infringement of Rights?

Jack Tavares, owner of Crazy Jack’s Country Bar & Grill in Burbank, recently pleaded not guilty to violating the state’s ban on smoking in bars, pool halls, bingo parlors and card clubs, thus becoming the first bar owner in Los Angeles County to challenge the law that took effect four months ago.

Tavares was cited by Burbank licensing inspectors in January for allowing patrons to smoke inside the bar. He was arraigned in Municipal Court for an infraction of the state law, a category of offense less serious than a misdemeanor and punishable by, at most, a few hundred dollars in fines. A hearing is set for April 17.

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KARIMA A. HAYNES asked two bar owners and a nonsmoking bingo player whether the ban is an infringement of individual rights or a protection of workers’ rights.

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CAROL BUTCHER

Owner, Chances, Winnetka

The ban has really had a drastic impact on my business--fewer people are coming into the bar and fewer sales. My customers are saying, “This won’t last,” and, “This is going to be repealed.” They don’t understand that it is going to put me out of business. When the ban went into effect, I saw a 50% drop in sales. At first, I reduced my prices, hoping that it would show that I am not the bad guy. But if they can’t smoke they are not going to come in.

I see the government taking away people’s rights to smoke and, at the same time, they are telling me how to run my business. A business owner should have the choice to run a smoking or nonsmoking business; they both can coexist.

My bartenders and other employees smoke. Before they were able to smoke on the job, but now they take smoking breaks. They don’t like it because I make them go outside and stand in the rain. When they are on their smoking breaks, they are not selling any products, and that’s affecting my bottom line. They think the ban is ridiculous because most people go to bars to smoke.

We are dealing with adults who choose to smoke. We are not dealing with children. If it is so harmful, why does the government allow tobacco to be grown and sold?

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KAREN SHERLOCK

Marketing consultant and bingo player, Burbank

I am a nonsmoker, and I support the smoking ban. The minute I walk into a bingo game, the smoke bothers my eyes. After sitting there for a while, it gets heavy in my chest. I have asthma and it affects me.

In most bingo halls, you find large rooms with an invisible line. One side of the room is for smoking, and the other side of the room is for nonsmoking. Or in some large halls, there are two large rooms with large doorways between them. But once you have 200 people smoking for four hours, both rooms are completely filled with smoke. This is not acceptable when you are talking about health issues. I sincerely understand the inconvenience that is being imposed on the smokers, but people have a right to their health, which is the bottom line.

Prior to Jan. 1, many smokers claimed they would stop going to bingo and would go to Indian Bingo or Las Vegas. But in reality, most of these people are older and do not have the means or desire to drive 50 or 60 miles to go to Indian Bingo or 200 miles to Las Vegas. Despite the complaints, the crowds and the money are there. The smoking ban should be in effect because it is a health issue; it shouldn’t be repealed because of money.

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MARY WOODS

Owner, Sutter’s Mill Restaurant and Bar, Mission Hills

We have been in business for 40 years. When we make a bad decision, we take our lumps. This ban is something that the people didn’t get to vote on. I already have separate smoking and nonsmoking rooms, with separate entrances, separate ventilation systems and smoke eaters. I’m about to spend $85,000 on a patio.

I know that I can’t work in the sun; that’s why I’m not a construction worker. If I got a job as a construction worker and told my boss to erect big umbrellas especially for me, that would be crazy. I’m afraid that the next thing they’ll say is that you can’t sell French fries because they are bad for you.

There are enough establishments for nonsmokers to have a place to go. I think the establishment should have the choice to be smoking or nonsmoking. The law is loosely written, totally unenforceable, but I am held accountable.