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by cookofdeath
on Sat May 19, 2007 6:18 pm |
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In Scranton , PA there is a diner called "chick's diner" well, PA went smoke free and Chick's wasn't complying. Some militant non-smoker complained that people were smoking in Chick's and demanded the owner enforce the smoking ban. He didn't and the authorities were called in (what the smoking police?) they fined the diner 300 dollars and said they would continue to fine them 300 every day they allowed smoking. here's the link (i put the rest of the info in case it doesn't work
http://www.wnep.com/Global/story.asp?s=6421059
if it doesn't work go to wnep.com and search for chick's diner. |
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cookofdeath
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by linkup
on Mon May 21, 2007 10:44 am |
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More news about Chick's Diner:
http://www.wnep.com/global/story.asp?s=6526774
Scranton Smoking Ban Heard in Court
Wednesday, May 16, 5:19 p.m.
By Scott Schaffer
The owners of Chick's Diner were in a district courtroom Wednesday in Lackawanna County to answer charges that they ignored Scranton's smoking ban and allowed customers to light up inside the restaurant.
In response attorneys for the diner are now taking the city to court.
Representatives from the city of Scranton came to the south-side district courtroom over two citations issued to Chick's Diner for allegedly failing to enforce Act 64 of 2006, the city's smoking ban.
"A citation issued to each owner over a $300 fine. That's the maximum penalty," said assistant city solicitor Jerry Butler.
The city alleges that on April 24 two people were observed smoking inside the diner and when an owner was asked to tell the customers to stop smoking, he did not respond.
The two citations issued to Chick's were the first two since the smoking ban took effect in January. The diner is fighting back.
"We think the ordinance is unenforceable. We think it was a mistake for the city to try to enforce it. They're causing great harm to Chick's restaurant and other establishments in the city," said Dan Brier, the attorney for Chick's.
Now attorneys for Chicks are taking their case one step further. They've filed a lawsuit in Lackawanna County court, seeking to have the city's smoking ban declared invalid.
Brier maintains the state's Clean Air Act of 1988 supercedes any local ordinance passed by the city.
"I think the law couldn't be more clear. The Commonwealth of Pennsylvania has a Clean Air Act. It regulates smoking in public places like restaurants. The city's ordinance is a violation of that law," Brier added.
Chick's is not alone. Attorneys say legal challenges to other local anti-smoking laws across the state are pending in commonwealth court.
There was no resolution Wednesday on the two citations issued to Chick's. The district judge will wait for commonwealth court to rule before he makes a decision.
The ironic thing is that these health officials say they are there at Chick's to enforce the law,but do they ask the smokers to butt out,no,they tell the owner to enforce the law, then they cite the owners for not enforcing the law.Go Chick's!! |
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linkup
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by dumpstermcnuggets
on Wed Jun 13, 2007 12:01 am |
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I heard that Chick's Diner ending up winning their case, and that the Scranton, PA smoking ban was ruled as invalid a few weeks back! At least this decision(and the court decisions in Erie County + Alleghany County/Pittsburgh) seems to have slowed down the antis in State College, PA, for now(who wanted to pass a ban for that city/borough).
If anyone wants, I'll find the article later that mentions this... |
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dumpstermcnuggets
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by linkup
on Wed Jun 13, 2007 4:17 am |
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http://www.theamericanroadside.com/content/view/538/2/
By Josh Brogadir | WNEP-TV | May 24, 2007
A months-old smoking ban in Scranton is history. A magistrate dropped charges against a popular diner and the city's enforcement officers will not be handing out anymore smoking citations.
First Chick's Diner owners were told they had to stop patrons from smoking in their diner. Now they and other restaurants are being told that the city's smoking ban is unenforceable.
Four and a half months after the city of Scranton said "no" to lighting up at most bars and restaurants, the smoking ban is effectively lifted.
Last month, the owners of Chick's Diner on Moosic Street were fined 4300 each. They later challenged the ban and filed a lawsuit against the city.
Commonwealth court ruled that local government in the Pittsburgh area can not supercede the 1988 Pennsylvania Clean Indoor Air Act with a smoking ban, and that includes Scranton.
"Absolutely, that's the ruling out of Pittsburgh, we'll abide by that, should be no mistake about it, that's the way it is. But no one should be mistaken for our commitment for good health and for the health of the people in our community," said Scranton Mayor Chris Doherty.
Another bar that's been cited is Whistle's Pub and Eatery on Franklin Avenue. The owner plans to plead not guilty to the smoking citations against him.
He declined to comment because he said his case is pending but he did repeat something he said before, that if a customer tried to light up a cigarette inside his business, he won't ask that person to put it out.
Even after citations against them were dropped by a magistrate, Chick's owners would not comment either.
Outside the diner, a long-time Scranton resident said he goes to Chick's everyday, smoking or non-smoking.
"Well I thought that if the state came in first, it would be okay. But the way they did it with the city going in first, it wasn't fair. They weren't playing on the same level," Jack Farrell said.
Other diners in the city supported Chick's and also favor lifting the ban.
"It's going to make our business go up a lot more. A lot of people stopped coming in because they used to come in here with coffee and smoke, read the paper and they stopped coming in," said Dartania Forish of Larry's Restaurant.
Now they hope their old customers will come back. They describe their financial situation as dire since January, with profits all but gone.
The story couldn't be more different a few blocks away at PJ'S Pub in the Hilton Scranton.
"I thought it was a good idea to go non-smoking to start with," said Charlie Shirk at the Hilton. Managers said they are not only thinking about the health of the customers, business has not dropped since the smoking ban took effect. Many people who drink there come from out of town. Even the locals have gotten used to stepping outside for a smoke.
As for the future of lighting up at PJ'S, even with an end to the ban? "We plan on staying non-smoking," Shirk added. "They can go and smoke outside."
Mayor Doherty said the city is hoping the state legislature will pass a ban that's Pennsylvania-wide.
City council is expected to discuss a change to the smoking ban it passed at the end of last year at its Thursday night meeting.
Originally published online here: http://www.wnep.com/Global/story.asp?S=6563895
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linkup
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by Jay
on Wed Jun 13, 2007 9:15 am |
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That owner at Chicks is right. A smoking ban is not enforceable. He would look stupid in telling only two smokers to not smoke inthere, while everyone else is not smoking.
Likewise, how the F can you tell people to not smoke inside if it was the otha way around (everyone except 2 people were smoking in Chicks)? Is the owner supposed to grab a mike and announce "No smoking in here please?" I'd keep on smoking in that crowd til he comes up to me and makes physical contact with me.
And suppose a militant anti LIES about seeing people smoking in there? Will the owner sill get 300 bucks stolen from him?
EDIT: The update post above mine sounds like a big relief for Chicks owners. But I'd propose eliminating the smoking ban. Making changes to it isn't enough. |
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Jay
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by linkup
on Wed Jun 13, 2007 1:46 pm |
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| Hopefully,the State of PA will drop the Full State Ban,because of what happened at Chick's and elsewhere.If they pass a State Ban all these little victories will have to be won all over again.What a sinful waste of taxpayer dollars! |
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linkup
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by nemo31
on Wed Jun 13, 2007 4:12 pm |
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They are just rewriting existing legislation. The origianl legislation pretty much left rests, bars and small dinors alone. there was already a ban in many other places. This was decent resonable legislation. The antis just want the rest. I beleive they have decided to extend the ban to most other places. The real question is. Will they go after all the bars, rests, clubs, night spots etc...
PA has to decide because they already control all hard liquer sales. The state owns the monopoly.
The local rag in Erie ran about their 30th editorial in the last six months supporting the ban. Along with all the SGs quotes. |
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nemo31
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