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by linkup
on Tue May 15, 2007 6:47 pm |
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http://www.azcentral.com/arizonarepublic/local/articles/0515smokingban0515.html
Bar owner will challenge smoking ban in court
Amanda J. Crawford
The Arizona Republic
May. 15, 2007 12:00 AM
State officials want a judge to issue $100,000 in fines and an injunction to stop smoking in four Phoenix bars whose owner claims they're not subject to the strict new statewide smoking ban.
The court complaint against Alfonso Larriva and his affiliates, the first under the new law, comes after more than a week of daily notices of violation at Metro Sportz Bar, a 10,000-square-foot off-track betting site in north Phoenix. Larriva believes that vents he has installed in place of windows at the bar and three others he owns - Boomerang Bar, River City Pockets and the Maverick Saloon - mean that the bars aren't "enclosed areas" and smoking is still allowed. "They have been openly ignoring the law, and all of our efforts to get them to play by the rules have fallen flat," Susan Gerard, director of the state Department of Health Services, said in a statement. Larriva said he welcomes the chance to take his argument before a judge. He said he was surprised by the steep fines requested by state officials and called them an attempt to "threaten us and bully us into stopping before we have a proper hearing on what the law says."
An initial hearing in the case is scheduled for Friday in Maricopa County Superior Court. |
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linkup
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by linkup
on Tue May 15, 2007 7:02 pm |
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My take on Alfonso Larriva is that he is a hero.
I wish he would take a stand on the enforcement aspect.No Owner,manager,paid worker,or patron of a bar should be required by law to tell a customer they must leave,put out butt,or not smoke,or report a smoker.There might be a smoker who is offended by these tactics and the bar people know that they may be putting their lives in jeopardy by infuriating a smoker who is about to crack.
It is the States responsibility to enforce the law,not the peoples.
If Larriva takes this stand,I can't see how they could fine him.He is not an enforcement officer.He should have an unknown outside the bar giving out free 33 cent ashtrays,and remove his own,then the enforcement issue becomes paramount.It is unconstitutional to have business owners and workers required to educate,inform,scold,threaten,evict smokers,and bring possible harm on themselves,just to appease the States idiotic smoking ban.
After the true definition of an enclosed area is validated at the Supreme Court level ,he can start dealing with the Unconstitutionality of he and his help being bullied into doing the State's dirty work.
I have sent this via email to AASPA in Tucson,so they can notify Alfonso Larriva. |
Last edited by linkup on Thu May 17, 2007 5:15 am; edited 1 time in total |
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linkup
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by linkup
on Wed May 16, 2007 8:16 am |
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linkup
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by linkup
on Tue Jun 05, 2007 11:32 am |
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http://regulus2.azstarnet.com/blogs/clockingin
Group opposed to smoking ban meets Tuesday
2007-06-04
Christie Smythe
A group seeking to overturn the statewide smoking ban is meeting Tuesday in Casa Grande.
I wish they would hold meeting in Phoenix,or Scottsdale,then I would go.Just to far for me to drive to Casa Grande.
The Arizona Alcohol Service Providers Association, which organized in opposition to the ballot initiative banning smoking, will hold the brainstorming session at 7:30 p.m. Tuesday at Kakar’s City Limits Tavern, at 1130 E. Main Street.
Anyone interested in overturning the ban is invited to attend.
Co-chairman of the group Glenn Gifford said many of the state’s bar and tavern owners are losing money because of the ban, which went into effect May 1.
The group is seeking to obtain an executive order from the governor or other action to nullify the new law.
Before the statewide ban went into effect, Tucson and Pima County previously banned smoking in most restaurants, but not in bars. |
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linkup
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by ILss
on Tue Jun 05, 2007 12:46 pm |
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| I hope Arizona's ban is overturned as it would set a precedent for other states to follow suit. The latest on Ohio's is that they have applied to get our issue back on the ballot for November. Many think it would be foolish right now and it should wait til 2008 when more will be voting. I'm rooting for Arizona to set a standard and take a hardlined stance against smoking bans that do indeed affect revenue for business owners. If it is successful, it would be a stepping stone that would encourage other states to buck the anti smoking brigade. |
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ILss
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by linkup
on Tue Jun 05, 2007 1:00 pm |
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| I just heard that one of the smoking barmaids at my old favorite bar was looking for a new job,because tips have fallen to the level to support living on the streets! I guess the other bartenders and barmaids there are in the same boat. |
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linkup
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by Lynda F
on Tue Jun 05, 2007 1:10 pm |
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linkup wrote: I just heard that one of the smoking barmaids at my old favorite bar was looking for a new job,because tips have fallen to the level to support living on the streets! I guess the other bartenders and barmaids there are in the same boat.
But the media will still report what a success the ban is.  |
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Lynda F
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Location: Phoenix, AZ
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by linkup
on Tue Jun 05, 2007 1:12 pm |
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| No doubt you are right Lynda. I am trying to change that. |
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linkup
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by Lynda F
on Tue Jun 05, 2007 3:56 pm |
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| IF the people directly hurt by the bans would speak out, and bring it to the media's attention............maybe THEN they would listen? |
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Lynda F
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Location: Phoenix, AZ
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by linkup
on Tue Jun 05, 2007 7:55 pm |
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Lynda,most working bar people have no idea what is happening to them,by the time they learn,it may be too late.
In Arizona they should all be informed of the AASPA out of Tucson,www.aaspaorg.org . I will do what I can when I go out to get that website out there in front of all that matter,but I can't do it alone. |
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linkup
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