Smoking Ban Will Start Sunday

Judge denies injunction. Judge: smoking ban will start Sunday

Everyone is entitled to their own opinion. I'm absolutely delighted.

I know I am in the minority but this makes me so sad.

[Robin Garr]

Judge denies injunction. Judge: smoking ban will start Sunday

Everyone is entitled to their own opinion. I'm absolutely delighted.

Hmm, I'm not a lawyer, but I'm confused by the key points in this story. I thought the opposition was arguing unconstitutionality based on the disparate treatment awarded Churchill Downs. If they also alleged "irreparable harm," it seems to me that they clouded their own issue by trying to argue two different points at the same time.

It seems to me that the disparate treatment argument is very strong, maybe even prima facie, and if they had stuck with that they might have prevailed. I think the judge ruled wisely, though, if "irreparable harm" was the criterion. There's just way too much evidence out there that smoking bans - despite all the squealing - don't impact business much if at all.

Yeah! I can go to any restaurant and beathe!

how weird was that.....on the same page as the CJ article is an ad for Churchill Downs!

I have mixed feelings regarding the smoking ban. I don't smoke, nor do I like the smell of a smoky bar. But it seems like the rights of the small business owner are being trampled.

Has any one actually received any word from the city on the technicalities that go along with this ban?? The amount of the fines, and also what is the definition of outdoor seating? We have an outside bar that faces into the building. Does the ban apply to that? At our St. Matthews location we have a fenced in and covered outdoor patio, will that be considered inside or outside? Do we have to get a fine from the Smoking Gestapo to find these things out?? We have yet to get so much as a letter even informing us about any of these issues.

[Robin Garr]

Has any one actually received any word from the city on the technicalities that go along with this ban?? The amount of the fines, and also what is the definition of outdoor seating? We have an outside bar that faces into the building. Does the ban apply to that? At our St. Matthews location we have a fenced in and covered outdoor patio, will that be considered inside or outside? Do we have to get a fine from the Smoking Gestapo to find these things out?? We have yet to get so much as a letter even informing us about any of these issues.

James, the CJ (consider the source) had some info on that:

Kathy Harrison, spokeswoman for the Louisville Metro Department of Public Health and Wellness, noted that the smoking ban does not exempt outdoor spaces if they are both covered overhead and have at least 80 percent of the perimeter closed in by walls or other coverings.

Also ...

Q: What must bars and restaurants do to comply?

A: Owners, bartenders or waiters must tell patrons that they can't smoke indoors. All ashtrays must be removed and "no smoking" signs posted.

Q: How will the law be enforced?

A: The Louisville Metro Public Health and Wellness Department will investigate complaints against businesses. The department's inspectors must either see someone smoking, see ashtrays, or notice that "no smoking" signs are not posted in an establishment to write a citation.

Q: What's the penalty for violating the ordinance?

A: Business owners will face an increasing scale of fines: $50-$100 for the first offense; $150-$250 for a second offense within a year; $350-$500 for each subsequent offense within a year. Individuals who refuse to stop smoking at the request of bar or restaurant employees are subject to a trespassing change.

Thanks for the info Robin. It just blows my mind that the city has made no effort to contact anybody about this. When I lived in Florida and they passed a statewide smoking ban, we got phone calls, and letters explaining everything. Here we have to get our info from CJ

[Robin Garr]

When I lived in Florida and they passed a statewide smoking ban, we got phone calls, and letters explaining everything. Here we have to get our info from CJ

I agree. While it's technically correct that ignorance of the law is no excuse and that those affected by laws are expected to be aware of them, as a practical matter, we deserve better service than that from local government, particularly since the local newspaper isn't nearly as widely read or as trusted as in the past.

Getting the ban passed was probably more important then drawing attention to the ban. If it had been struck down by the court, then all the effort to educate people would have been a waste of time and money. Plus, it would have drawn attention to the fact that the deadline was getting close.

I'm sure you will get all the information you need before the fines start showing up. I would expect that several places will not enforce the smoking ban until they actually get the data from the health department. Unless the owner of the business is looking for an excuse to go smoke free.

Oldham County did a ban a while back... we were already smoke free though. But I got a letter and a sticker or two for the doors a couple days before the ban started here.

I have mixed feelings regarding the smoking ban. I don't smoke, nor do I like the smell of a smoky bar. But it seems like the rights of the small business owner are being trampled.

I know what you mean, but I guess it comes down to whether the government has the right to regulate businesses on issues that effect the public health. They already have lots of rules about food safety, fire alarms, sprinkler systems, emergency exits, access for those with disabilities, etc. Then there are even more rules for places that want to sell alcohol. If the government can decide who we can or can't marry, I am not surprised that they can also prohibit smoking.

I do notice that you pinpointed "small" businesses. Do you feel like it doesn't trample on the rights of big businesses? Just curious.

I'm glad to see that the judge did not delay the ban going into effect. It is an interesting debate up to and including personal freedoms and what is in the best interests of a community. The recent studies proving that second hand smoke is damaging is what put the nail in the coffin for smokers yelling about their rights.

This is in no question a step (here and all over the country) in the direction of making cigs illegal. I wouldn't be surprised to see that happen in the next 10-20 years (or less).

The costs to society (monetarily, physically and emotionally) are incalculable for the most part.

I got an email from the Lung Association a few weeks back asking for volunteers to stuff envelopes with notices about the new ordinance that would be sent to business owners. Did anyone here receive one?

There is an interesting article on MSNBC that discusses a recent study of workers who had measurable levels of carcinogens in their body after working a single shift in a bar or restaurant that permitted smoking.

It highlights one of the many reasons a smoking ban is needed.

http://www.msnbc.msn.com/id/19502040/