Michigan bar owners still fuming over smoking ban

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Starting today, bar owners in Michigan will turn away politicians in protest of the statewide smoking ban. Photo: Protect Private Property Rights in Michigan

Don’t expect your local legislator to stop by the bar anytime soon. Starting today, about 500 bars and restaurants across Michigan will display signs telling politicians they are no longer welcome.

It’s another jab in the fight over indoor air pollution and private property rights that was spurred by the Michigan smoking ban that took effect last May. Protect Private Property Rights in Michigan, a non-profit organization made of people in the hospitality industry, is organizing the campaign to convince legislators to repeal the law.

“I’ve lost two employees, I don’t pay near the sales tax, I don’t buy nearly as much beer as I was buying,” said Boyd Cottrell, owner of Sporty O’Tool’s bar in Warren, Mich. “They made a big mistake.”

Cottrell said his business has been cut at least 40 percent since the ban.  Much of it has been lost to casinos that don’t have to follow the legislation, he said.

This “hypocrisy,” as the protest group’s executive director Stephen Mace calls it, is reflected in the campaign to keep legislators out of bars. Like the smoking ban, the beginning date of the campaign was announced two weeks before it became effective “so lawmakers could get used to it.” It also only affects lower-ranking politicians, not the governor or lieutenant governor as a means of “protecting the big guys,” like the casinos that are exempt from the legislation.

“These bars and taverns are private property, politicians are not a protected class,” Mace said.

Although Cottrell put up his sign this morning to support the cause, he’s not convinced the protest will be effective.

“How can I ban a politician? I can barely tell you what (Michigan Gov. Rick) Snyder looks like,” Cottrell said.

Cottrell has been fighting to repeal the legislation on his own. He’s taken his case through the district court and plans to get a court date with the Michigan Court of Appeals within the next six weeks.

“If I don’t, I’m going to lose the business anyway,” Cottrell said. “I might as well try to do what I can.”

In addition to seeing fewer people at the bar, Cottrell said he’s had many incidents of people going outside to smoke a cigarette and never coming back in to pay their tabs.

But the legislation appears to have strong support. Angela Minicuci, public information officer for the Michigan Department of Community Health, said more than 70 percent of residents support the law according to a public opinion survey.

“Overall, the smoke-free air law has been well received,” Minicuci said in an email. “It protects the health of Michigan residents and visitors and will save lives.”

Other Great Lakes states, like New York, Ohio, Illinois, Wisconsin and Minnesota, have similar smoking regulations.

State Sen. Rick Jones, R-Grand Ledge, is sponsoring a bill in the Michigan Senate that offers a compromise.

“It would allow bars to have a room in the back somewhere where there would be no service; no waiter or waitress would walk into the room,” Jones said. “People could step in, smoke briefly and then come back out into the area, thus preventing them from having to go outside.”

Jones said the bill is not a response to the protest campaign, and he doesn’t expect it to affect him personally.

Cottrell doesn’t support that legislation and prefers that the whole smoking legislation be repealed, or that casinos be included. He said he wouldn’t build a room for smokers because so many of his customers would use it that he would have to build another bar.

“It’s plain old crazy,” Cottrell said. “Why stop people from smoking when it’s legal to do?”

19 thoughts on “Michigan bar owners still fuming over smoking ban

  1. A poll shows 70% support the smoking ban? Who did they poll? The church social? the Doctor conventions? Certainly not me! Did any of you receive a poll card in the mail, or receive a phone call from the poll office? I know I didn’t. This poll was from a select group that the government picked to poll, that they knew would be in support of their bill. It is not the voice of the whole public. This descision should of been voted on by the public. I want to know why we citizens were not allowed to descide. We got to descide on whether to make marajauna medically legal, but were not give the choice on a smoking ban.

  2. Crap. One more comment: Isn’t it sooooooo typical to not want the Casinos that are paying for the Goverment’s mere existence to a “Get out of Jail” free card? That is the ONLY thing I can give Nebraska credit for. There are no exceptions for private clubs, they did scatter the crap across the board equally.

  3. Oh. And one other thing. My customers would be smoking inside of the bar that I own. We used to take care of our own customers ashes and butts. Now that we’re all forced onto the street and we have bought two “butt-receptacles” at the cost of $150 each with shipping I am absolutely stunned by the people that look at my smokers like they’re violating THEIR space with their evil smoke. Yeah, if it wasn’t for morons like you we would have kept minding our own business and keeping our peeps inside like we have since 1985.

  4. Small bar owner in Nebraska chiming in here. We don’t have food and after twenty years, we finally own the building that houses our bar. Just in time for the Nebraska Legislature to decide that we’re too stupid to decide what to allow to go on. My customers are forced out onto the street to partake of cigarettes where they are glared at by both old ladies and Mothers of young children. I am so angry at the 70% who declared they “voted” for this that I want to hurl. NONE, I repeat NONE of them have ever dropped a dime in my cash-register but they still think that it is THEIR GOD goven right to rule the world with their distaste of icky smokers.

  5. I am sooooo tired of hearing things like, “Everyone should have the right to go to a bar and not be inundated with smoke” (paraphrased). Where are my rights? How come, even tho I am American just like you you get “rights” and I don’t? If I want to smoke and if it is legal why have I no rights? Why am I different than all of you that you get rights and I do not? Who are you that you get rights and I do not? My ancestry fought for freedom in the war, why don’t I get any rights? I want some rights.. Where can I get some rights and be just like you? How about this? Let there be “smoking bars” and let there be “non smoking bars”? How about that? We each get to go to a bar and either just drink or we can smoke and drink? That way each of us are equal because we each get rights! No non smokers would have to go to the smoking bar and all of us that smoke can go to the smoking bar and none of us care that there is smoke there because we like to smoke and are not bothered by smoke? How about that? I here all of you talking about how smoking kills. My relations all smoked all the way to their 90’s LOL… They lived to their 90’s while my 45 year old friend that never smoked, never drank, always ate only organic “pure food” and worked out constantly just fell over in his chair on vacation with his family dead as a rock of a heart attack? ROFLMAO!!!! They lived to their 90’s! How long do you want to live geeeezzzze!!!??? You know most people don’t want to live to be 100 because they are lonely as all their friends are dead? Look, let’s just be fair and make sure we all are equal and we all get rights just like you. Let me have a good drink, good music and a cigarette and I will let you have a good drink and music. Fair enough?

  6. Bar business may be down, but some of those offering food have seen big increases from folks like my family that absolutely hated having to take a shower and wash clothes right away after getting back from a particularly smoky establishment in the past. Let ’em smoke outside if they want. What really gets me is that some of the biggest complainers have the money for cigs, booze and lottery tickets but whine incessently about the cost of everything else, from school lunches to hunting licenses to you name it. Give us a break!

  7. I have not gone to a bar or restaurant since the ban took effect and I will not go to a restaurant or bar until it is repealed.
    However, this is the kind of stance I can get behind on~! And I would like to do more to help liberate Michigan from these tyrannical laws and I’m so tired of hearing people say “it will never happen”.

    The business owner should have the freedom to offer a smoking establishment if they wish. Bottom line.

  8. Pingback: Pub Lovers Blog | Freedom to Choose Newsletter, as always an interesting view on smokers Worldwide

  9. I am a non-smoker bar owner. i owned my business for 10 years. After the smoking ban our business dropped 40 percent. paying customers stopped coming. One year later things have not improved. 1 had to lay off staff and do the job of three people to keep my doors open. job creation is hard, and job destruction is easy. The smoking ban law is a job and business destroying law, especially at time when michigan is in a recession (or depression) depending how you look at things.it is time to reverse this law. if the goverment want to run my business they should buy it and run it. Fresh air does not pay the bills or taxes.

  10. Such a hot debate going on here. But really i am not a smoker myself and though not many would agree smoking is harmful i guess we all have responsibility to take care of our own health and our environment from refraining from smoking and encourage others not only those from Michigan but all over the world to make a DIFFERENCE.

    Sharon Summer

  11. Not too many would say smoking is not harmful, but how many of you have checked to see how many chemicals are in the air you breath everyday? Check it out!
    Smoking is easy to pick on, you can see it! Audubon magazine had an article on the increase in cases of asthma back in the early 1990’s. It stated there had been an 83% increase between 1980 and 1990. In that same time period there were 300 new chemicals released into the atmosphere. Where is the legislation to curb this?

  12. Where do you draw the line “dude”? Smoking? Drinking? Trans fats? Sugary drinks? 4Loko? Happy Meals? Eventually I’ll hit something you care about. Bottom line: Cigarettes are a legal product, state government shouldn’t ban it. Want a smoke free business, talk to the owner, Lansing should butt out.

  13. If you own a cigar bar–let the people smoke cigars with scotch and martinis. If you own a dive bar–let the people smoke cigarettes with their bar food. If you want to eat or drink in a smoke-free bar, go to a family restaurant. Bars are called so for a reason. If you aren’t there for the fact that you are getting away from your family, or socializing with your rowdy friends, then go somewhere where they have a “smoke-free” section. Don’t press your ideals down the 30 percent minority of the population that smoke. Don’t take away the freedom of choice of the bar owners to operate their establishments as well they please. Take your whining to a IHOP because if you are that concerned about your health you wouldn’t be drinking or eating at most bars to begin with.

  14. The results speak for themselves. It is much more pleasant and healthful to go to a combo restaurant- bar to eat now. In fact I have even gone to restaurant- bar combos and SPENT SOME MONEY, when pre-smoking ban I would not have done so. So whine away, threaten, and sulk; then get over it.

  15. Toooo many laws. Do what you want, if you don’t like the smoke start your own smoke free bar.. I don’t smoke, but I support the bar/restaurant owners to conduct their business the way they want.

  16. Please buy your own bar then anonymous. Put your own money on the line and then have someone tell you that alienating a large percentage of your customers will be good for business. Love the MDCH quoting the poll they made up. Keep grasping at straws.

  17. At Anonymous, “To save your life dude”! Get a grip……look around you at our lakes streams and rivers, have you checked what’s in water yet? You should, then maybe you wouldn’t be trying to kill an ant and let the monster go free. I’m not advocating smoking is completely harmless, but second hand isn’t any more harmful than cooking on your grill, gas grill or charcoal. Don’t you think if it was OSHA would’ve banned it years ago?

  18. What’s crazy is the last line of this story,”Why stop people from smoking if it is legal.”. To save your life dude! It is by far the best law MI has enacted. As a past smoker, I know how addictive and treacherous ciggies are and what they do to you. Everyone should have th right to go to a bar and not be inundated with cancer causiong agents.

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