CHARLESTON, W.Va. -- Angry bar owners railed against Kanawha County's two-week-old expanded smoking ban Thursday, saying it's devastating their businesses.
CHARLESTON, W.Va. -- Angry bar owners railed against Kanawha County's two-week-old expanded smoking ban Thursday, saying it's devastating their businesses.
Bar and gambling parlor owners threatened to file a class-action lawsuit if the Kanawha-Charleston Board of Health doesn't rescind the new regulations. About 40 bar owners and patrons attended the health department meeting in Charleston.
"Everybody here is really hurting," said John Carney, owner of The Blue Parrot bar in downtown Charleston. "It's really hurting us financially."
Bar owners said business has dropped at least 30 percent since the smoking ban took effect July 1. Video lottery sales have taken a bigger hit, they said.
When customers find out they can't smoke, they vow to never come back, bar owners told health board members.
"You're certainly taking away my business," said Cynthia Henson, co-owner of Griff's in South Charleston. "This is very difficult on us. We're going to lose everything. If people don't like smoking, they don't have to come into my establishment."
Keith Jenkins, owner of the Kanawha City Cantina, offered to put a large red sign on his bar's front door, warning the public that people were smoking inside.
"You guys are telling me how to run my business, and that's not fair," Jenkins said.
Other bar owners complained that when their smoking patrons went outside to smoke last weekend, Charleston police officers chased them back inside, threatening them with arrest.
"Whose health are you really concerned about?" said Dick Nalle, who owns MacNalley's Pub in Cross Lanes. "Tell me what you're getting out of it. Who are you saving?"
"We're concerned about the health of everyone," responded Brenda Isaac, the health board's president.
Health department officials said they've investigated several complaints about smoking in bars and gambling parlors during the past two weeks. No warnings have been issued.
The department plans to give businesses at least one warning before filing a complaint in Kanawha County Magistrate Court. Bars and gambling parlors face fines of $200 to $1,000 if they're found guilty of violating the smoking ban.
The expanded ban also prohibits smoking at the Tri-State Racetrack & Gaming Center in Cross Lanes. No smoking violations have been reported at the track.
Ivan Neely told health board members he frequents several bars in Charleston, and sales have dropped dramatically at each.
CHARLESTON, W.Va. -- Angry bar owners railed against Kanawha County's two-week-old expanded smoking ban Thursday, saying it's devastating their businesses.
Bar and gambling parlor owners threatened to file a class-action lawsuit if the Kanawha-Charleston Board of Health doesn't rescind the new regulations. About 40 bar owners and patrons attended the health department meeting in Charleston.
"Everybody here is really hurting," said John Carney, owner of The Blue Parrot bar in downtown Charleston. "It's really hurting us financially."
Bar owners said business has dropped at least 30 percent since the smoking ban took effect July 1. Video lottery sales have taken a bigger hit, they said.
When customers find out they can't smoke, they vow to never come back, bar owners told health board members.
"You're certainly taking away my business," said Cynthia Henson, co-owner of Griff's in South Charleston. "This is very difficult on us. We're going to lose everything. If people don't like smoking, they don't have to come into my establishment."
Keith Jenkins, owner of the Kanawha City Cantina, offered to put a large red sign on his bar's front door, warning the public that people were smoking inside.
"You guys are telling me how to run my business, and that's not fair," Jenkins said.
Other bar owners complained that when their smoking patrons went outside to smoke last weekend, Charleston police officers chased them back inside, threatening them with arrest.
"Whose health are you really concerned about?" said Dick Nalle, who owns MacNalley's Pub in Cross Lanes. "Tell me what you're getting out of it. Who are you saving?"
"We're concerned about the health of everyone," responded Brenda Isaac, the health board's president.
Health department officials said they've investigated several complaints about smoking in bars and gambling parlors during the past two weeks. No warnings have been issued.
The department plans to give businesses at least one warning before filing a complaint in Kanawha County Magistrate Court. Bars and gambling parlors face fines of $200 to $1,000 if they're found guilty of violating the smoking ban.
The expanded ban also prohibits smoking at the Tri-State Racetrack & Gaming Center in Cross Lanes. No smoking violations have been reported at the track.
Ivan Neely told health board members he frequents several bars in Charleston, and sales have dropped dramatically at each.
"If your goal was to put 75 small business owners out of business, you are succeeding," Neely said. "You are devastating small businesses."
Bar owners noted that health board members are appointed by the Kanawha County Commission and Charleston City Council. They vowed to take their complaints to local politicians.
"You're putting people out of business," said Steve Atkins, who owns the Village Café in Sissonville. "It's crazy. It's ridiculous."
Carol McCormick, an accounting technician with the Health Department, reminded health board members that they promised to review the smoking ban's financial impact on local bars.
"You've got to listen to these people," McCormick said. "You need to get the numbers from the bar owners and take a second look and look at a revision."
Health board members said they would review any information presented.
"We're not telling anyone they can't smoke," Isaac said. "We're telling them their smoke hurts other people."
Fourth Legionaire's case
Also Thursday, interim Health Director Dr. Laura Gateley said a fourth person in Kanawha County has contracted Legionnaires' disease.
Gateley said the patient was admitted to the hospital Thursday morning. The patient doesn't live or work near the three additional people diagnosed with Legionnaires' last month.
A Kanawha County woman died, and two other people were in intensive care units at local hospitals after contracting the disease.
The Centers for Disease Control and Prevention confirmed the three previous cases, but found the patients weren't infected by a common source.
"They are not the same germ," Gateley said. "Therefore, they are not from the same source. We have no reason for the public to be concerned."
Gateley said it's not uncommon for Kanawha County to have several Legionnaires' cases during the summer months.
Reach Eric Eyre at erice...@wvgazette.com.
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A U.S. Supreme court decision during the early 1970's
((Lloyd Corp v. Tanner, 407 U.S. 551 (1992)) said a place of business
does not become public property because the public is invited in.
So, by that same reasoning. A restaurant or bar is not public property.
We need to support small business and stop regulating them out of
business."
Bans are nothing less than a Sales Marketing Plan for smoking cessation products.
HOUSE COMMITTEE ON ENERGY AND COMMERCE HEALTH AND ENVIRONMENT SUBCOMMITTEE STATEMENT OF HON. THOMAS J. BLILEY, JR. JULY 21, 1993
If you do any indepth research you will find it is about PROFIT not HEALTH.