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December 23, 2009

Restaurant, bar owners expect no downside

John Goci received some ‘help’ from an unanticipated source recently in his quest to stop smoking: the Michigan Legislature.

After years of putting off a smoking ban in the state, the Legislature picked up the legislation last week and pushed it through both chambers. The partial ban was signed Friday by Gov. Jennifer Granholm.

“I’m all for it,” said Goci, who co-owns the U.S. 12 Bar and Grill on Michigan Avenue in Wayne. “I’ve been trying to quit smoking for a while now; maybe this will help.”

The ban will go into effect in May. It bans smoking in all work places-including bars and restaurants-but excludes the gaming floors on the Detroit casinos and in cigar bars.

When she signed the legislation on Friday, Granholm said she had the safety and health of all citizens in mind. She said that secondhand smoke is the third leading cause of preventable death in Michigan, resulting in about 2,500 deaths each year.
Smoking-related illnesses in adults include heart disease, cancer, stroke, chronic lower respiratory illnesses and diabetes. Children and adolescents exposed to secondhand smoke can develop asthma, ear infections, colds and pneumonia, too.

“One of our top priorities has always been protecting the health of Michigan citizens, and that’s what the smoking ban will do,” Granholm said in a prepared statement.

Long history
The news came as both a surprise and a relief for State Sen. Ray Basham (D-Taylor). Basham has pushed the ban for more than a decade-dating back to his time as a member of the House of Representatives. He said he was very happy with the 24-13 approval in the Michigan Senate.

“I have been working to protect the health of Michigan workers for more than 10 years, and today we are taking a huge step forward for the state and executing the will of the people,” he said. “What better way to spread health and good cheer this time of year than passing this legislation to make Michigan workplaces smoke-free?”

In the past, the bill has been held up in part due to concerns about its impact on businesses. But Basham said that there is little evidence that a smoking ban hurts bars and restaurants. There is more evidence, he added, to the contrary. Data from the New York City Department of Finance shows that tax receipts increased by 8.7 percent, or about $1.4 million, after that city went smoke free, said Basham. Between March 2003, when the city went smoke free, and December 2003, there were 10,600 new jobs in its bars and restaurants, he said. Florida saw similar results, and reported that retail receipts for taverns and bars that served food remain unaffected by its smoke free law, according to Basham. Studies have shown that nearly two-thirds of Michigan voters support a workplace ban that includes bars and restaurants.

Thirty seven other states have already put such legislation into effect, he said.

“This is long overdue,” said Basham.

Help or hurt?
Frank Agostini, the co-owner of E.G. Nick’s in Plymouth suspects the new ban on smoking may improve his business.

“We’re primarily a restaurant so I don’t think we’ll see much of an effect,” he said. “Right now, we only allow smoking in the bar area. Such a large percentage of our business is non-smoking anyway, I don’t think the ban will have much impact.

“What I suspect is that maybe we will get some people to come in who might have thought we were too smoky, so it may do us some good,” he added.

Goci agreed.

“Studies have shown that it doesn’t make much of a difference,” he said.

“You have to think about your employees,” he added. “They don’t want to work at a place where their health might be in jeopardy.”

In fact, the ban may save him some money. When he renovated the inside of his business he said he was expecting a smoking ban to go into effect-so he didn’t include new ‘smoke eaters’ into the project. Now he said he’s glad he won’t have to.

Still work to do?
Even legislators who approved the bill were unhappy with certain aspects of it. The exemption for the Detroit casinos-put in place because legislators didn’t want them to face a competitive disadvantage from tribal casinos wasn’t popular.

“Our work is far from over,” said State Sen. Tupac Hunter (D-Detroit). “Including special carve-outs for the casinos is nothing more than a knee-jerk response that buys into lobbyist’s scare tactics about the loss of jobs when their claims have already been proven false in other states.

“Further, the insensitivity that the casino operators have shown on this issue is nothing short of amazing,” he added. “They expect us to prioritize their profit from the vice of gaming-albeit legal-over the health of the very citizens we are elected to serve. The casino operators loved to tout how much they pay in state and local taxes – as if that’s supposed to somehow compensate for the proven health risk that secondhand smoke poses to so many.

“I find it ironic that the smoke free state of Ohio has just approved four new casinos – including one in close-by Toledo. Why in the world can’t we have smoke free casinos in Michigan?”

The plan also bans smoking in outdoor areas, which are considered extension of restaurants, said Tony Bruscato, director of the Plymouth Downtown Development Authority. Outdoor dining is popular in downtown Plymouth and Northville and has been lauded as a way to make downtowns seem more open and pedestrian friendly.

The law bans smoking 30 feet from the doorway to those establishments, which effectively makes it impossible for many restaurants with outdoor patios to allow patrons to smoke there.

“That part doesn’t make sense to me,” said Goci, whose bar offers outdoor seating in the warmer months. He said he’d probably continue to allow it.

Basham said he wasn’t too happy with the amendments, either.

“Ideally, I would like to have seen this bill pass with no exemptions, but I was willing to reach a compromise to see this become law,” said Basham. “I will continue to advocate for the health of all Michigan workers, and I hope we can revisit the issue of casino floors in the future.”

A good first step
Legislators said the partial ban was a good first step to take in making Michigan a healthier place to live and work.

“During my more than 20 years as a respiratory therapist, I witnessed the devastating and often fatal effects of smoking on both smokers and nonsmokers firsthand,” said State Rep. Dian Slavens (D-Canton), a member of the House Health Policy Committee. “The real tragedy of deaths caused by secondhand smoke is that they are 100 percent preventable. Passing this ban to help make our state smoke free is an important part of building a healthier, stronger Michigan.”

State Rep. Marc Corriveau (D-Northville) said it would help workers and could help reduce health care costs, too.

“In these tough economic times, our residents are working hard just to make ends meet and they shouldn’t have to breathe in secondhand smoke just to put food on the table,” said Corriveau, who is the chair of the House Health Policy Committee. “This plan will help bring down soaring health care costs, save thousands of lives and bring us in line with the more than 30 other smoke-free states.”

http://www.journalgroup.com/Wayne/10500

Join the Discussion

Reader comments [14]

Dec 23, 2009 | 2:38 PM
sheila:

I am cracking up! I swear you writers are KILLING me! Is this some of that hard hitting investigaive reporting that USED to happen? Businesses are closing, jobs are being lost, but you only print what is handed to you by pro ban lobbying people. You COULD have printed all the job losses and business closings in Ohio. Maybe you will AFTER all the businesses start folding up.(?)

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Dec 23, 2009 | 3:09 PM
Michael J. McFadden:

Ban supporter Basham tries to argue that the ban won’t hurt “bars and restaurants” and then holds up Florida as an example… without noting that Florida’s ban EXEMPTED bars. He also holds up a figure from New York that was later exposed as completely corrupt in an analysis by NY Libertarian mayoral candidate and Free Choice activist Audrey Silk – but even without that analysis his figure pointedly ignores the fact that any increase in the time period cited (during the recovery from 9-11) would likely have been much greater without a ban.

For a perfect example of how Antismokers juggle figures to produce what amounts to outright lies regarding the economic effects of bans read Jacob Grier’s column AND the Aftercomments to it at:

http://www.jacobgrier.com/blog/archives/2210.html

and you’ll see not only HOW they mislead you, but WHY they mislead you {Hint: million-dollar grant-fishing!} Researchers basically promise to produce the “right” kind of ban-supporting results BEFORE they even do the research!

Michael J. McFadden
Author of “Dissecting Antismokers’ Brains”

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Dec 23, 2009 | 3:10 PM
Thomas Laprade:

An alternative to smoking bans

If the public was honestly and truthfully informed about the effects of second-hand smoke, there would be fewer no-smoking laws in this country.
A little smoke from a handful of crushed leaves and some paper that is mixed with the air of a decently ventilated venue is going to harm or kill you?

There has never been a single study showing that exposure to the low levels of smoke found in bars and restaurants with decent modern ventilation and filtration systems kills or harms anyone.

As to the annoyance of smoking, a compromise between smokers and non-smokers can be reached, through setting a quality standard and the use of modern ventilation technology.

Air ventilation can easily create a comfortable environment that removes not just passive smoke, but also and especially the potentially serious contaminants that are independent from smoking.

Thomas Laprade

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Dec 23, 2009 | 6:24 PM
wayne resident:

I know of bars in Ohio, which has had a statewide ban for a few years, that have closed. Michigan will be no different. More vacant buildings and more unemployment.

My prediction is that eventually it will be illegal to smoke even on your own front or back lawn. After that, it’ll be illegal to smoke in your own house. Then, tobacco will be illegal. It’s coming folks. We all know how well banning alcohol worked in the 1920s, or the current (non-medical) ban on marijuana is working right now.

Michigan is turning more and more into a dictatorship as days go by, and it’s frightening.

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Dec 23, 2009 | 7:45 PM
Pete:

It’s nice to see that the pro-smoking crew have managed to find this story and post their usual whining and complaining about how secondhand smoke is harmless and how jobs will be lost. Get over it, nobody here believes you. None of these people are from Michigan either. And Thomas Laprade isn’t even American, he’s posting from Canada.

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Dec 23, 2009 | 8:15 PM
Pam Parker:

OMG, are you KIDDING ME? Doesn’t hurt BARS? I OWN a bar in Ohio that IS HURTING FROM THE BAN. Read the studies done by Adams & Cotti, Michael Pakko or Michael Marlow. Read economic studies NOT paid for by Tobacco-control (most ARE paid for by them).

Here is an article that busts the tobacco control lies about the ban not hurting bars http://www.reuters.com/article/idUS143891+29-May-2009+PRN20090529 Note the letter from Ohio Senator Bill Seitz to this researcher. Here’s how they skew the data. http://opponentsofohiobans.com/Documents/Seitz%20Lttr%20to%20Klein%20-%20study%20on%20indoor%20air%20act%20laws%205%2029%2009.pdf

So, Governor and Michigan Legislature, are you going to revisit the ban when your bar owners start screaming about closing their businesses? Your economy can’t take this kind of hit.

Unbelievable!

Read this Forbes commentary. http://www.forbes.com/2009/06/04/economic-impact-bars-restaurants-opinions-contributors-smoking-ban.html

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Dec 23, 2009 | 11:26 PM
Michael Z.:

In Hawaii bars lost between 8 and 37% depending on the type of bar. A large group ( 1/3 ) of all bars sued the state for economic loss. The 100 or so bars paided for this lawsuit, do you think they would have forked over the money if the ban had been good for business!

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Dec 24, 2009 | 11:48 AM
Mike:

There is nothing in the law about banning smoking 30 feet from entrances. There are no distance requirements in the law.

And the interpretations on patio smoking may be challenged in court, as the law is vague on that point.

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Dec 25, 2009 | 5:45 PM
confedd:

Other states have lost tax revenue from cigarettes, businesses have seen a decline in customers, home party disturbance calls like in new york have increased. In Cali.the reason they stopped mammograms for women under 40 was do to less tobacco taxes. One side or the other, I don’t smoke but I don’t believe the state has any right to tell a business to be smoke free, it is legal to open a smoke free restaurant or bar if you want to now. Michigan being in the shape it is now 20 applicants to 1 available job, This bill is not needed. WATCH

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Dec 26, 2009 | 12:33 AM
Willis Kramick:

All smokers should pick one day a week or month and go to the casinos. Get about 5,000 people in one casino and just smoke. No one gamble. Just smoke. Just stay there for 8 hours. There would be no way for the casino to control the crowd. They would lose a ton of money. That would teach them for trying to scam the govenment and the people.

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Dec 26, 2009 | 11:59 AM
wayne resident:

Pete, first off I am a resident of Wayne, MI. I am not out of state, in fact I’ve lived in Michigan my entire life.

As for being “pro-smoking”, I do not smoke. Never have, and probably never will. The issue here is that the government is trampeling on a person’s property rights, in this case a bar or restaurant owner. He or she as the owner should have the right to decide what is and is not allowed on their property, just like you would at your own house. If someone doesn’t like it, they don’t have to go there! It’s as simple as that.

I do seriously believe that the government will eventually attempt a prohibition on tobacco, much like alcohol in the 1920s and early 1930s. I beleive that the indivudual knows more about their body than a government agency, so if they want to smoke tobacco or marijuana or drink or whatever, I have no problem with it. It’s called freedom, something we are rapidly losing in this country.

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Dec 28, 2009 | 6:33 PM
gene:

Pete’s onto these worldwide spammers.

There’s this tiny band of 6 or 7 pro-tobacco fanatics who swarm every article on smoking, trying to minimize the ravages of tobacco use and the need for regulation. Every smoking article gets the same denials from spammers. Every single one.

They try to give the impression that there is some sort of “debate” out there—much the way science articles in the past used to end with, “But the Tobacco Institute says the study is flawed.” As one tobacco exec put it, “Doubt is our product.”

(Wikipedia explains the reality behind a lot of their PR in
“Industry-funded Studies and Critiques”: http://tinyurl.com/yhrmxub)

Whether to promote their ventilation company, their daddy’s farm or convenience store, to justify their own sad addiction, or to earn their PR pay, they work hard to deluge message boards with their swill, drowning out dissent.

Message boards will soon be useless because of spamming by fanatical interest groups like these pro-tobacco nuts.

But the free ride may be over; newspapers are getting wise to these pests and banning them; the Associated Newspapers site is still getting suckered.

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Dec 29, 2009 | 1:26 AM
Michael J. McFadden:

Wayne resident, the “Pete” who was criticizing out of state posters never mentioned how he’s familiar with the fact that a number of us post on boards outside our own little areas.

He’s familiar with it because he does the same thing, though perhaps not as honestly. I first noticed him posting on a number of college boards early in 2009 during the start of the coordinated push this year to ban smoking outdoors on the nation’s 4,000 or so campuses. He generally posted in a way that would make most student readers believe he was one of the students at the school involved. He was also fond of bragging about how smoking bans were being adopted by more and more campuses and becoming the “norm.” He never mentioned that even by the end of the 2009 “SmokeFree Campus” campaign better than 3/4 of the campuses around the country had successfully stood up to the push.

Michael J. McFadden,
Author of “Dissecting Antismokers’ Brains”

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Dec 29, 2009 | 1:31 AM
Michael J. McFadden:

One more quick comment: the reason owners “expect no downside” is likely because they’ve been hit heavily by well-funded antismoking groups peddling studies that show “no effect on bar AND restaurant employment.”

Want to see the promises researchers make to produce the “right” studies along those lines in order to grab their million dollar grants? And then see how they juggle the numbers when the results show the opposite is true? Read the AfterComments to Jacob Grier’s column at:

http://www.jacobgrier.com/blog/archives/2210.html

and you’ll be both amazed and disgusted.

Michael J. McFadden,
Author of “Dissecting Antismokers’ Brains”

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