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Smoking in Bars Permitted Under N.C. Indoor Smoking Legislation
April 9, 2009

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News Summary

The North Carolina House of Representatives has approved indoor-smoking legislation with a gaping loophole: the measure will allow bars to continue to allow smoking.

The Associated Press reported April 2 that House lawmakers voted 72-45 in favor of the bill, which would limit but not end exposure to secondhand smoke in indoor public places in the state. The measure now goes to the state Senate, where approval is expected.

The bill is a watered-down version of a comprehensive indoor-smoking bill that would have banned smoking in all North Carolina workplaces. The bill was rewritten to include only establishments that employ or serve individuals over age 18. The legislation calls for relatively mild penalties for violators.  

COMMENTS ON THIS ARTICLE:

Posted by bill on 10 Apr 09 10:13 AM EDT
tobacco lobby 1.... people's health 0. I hope someone takes this through the courts

Posted by Rebecca on 10 Apr 09 01:44 PM EDT
A bar is a private business, not a public place. That is one concept that tobacco control cannot seem to grasp. Smoking bans violate private property laws.

Posted by shel on 10 Apr 09 05:17 PM EDT
You can use the taxes for all your hearts desires, but smokers are treated like lepers.I agree that smoking bans take rights out of a business owners hands.Why don't non smokers go after alcohol? That kills as many if not more,Bottom line is :If you don't smoke, go to non smoking establishments.

Posted by Michael J. McFadden on 10 Apr 09 09:12 PM EDT
"gaping loophole...watered down version" Amazing how a smoking ban covering probably about 95% of all workplaces is criticized with such force. It shows the true nature of the antismoking lobby: to never be satisfied no matter what they are given. If the Senate approves this bill they will return next year to demanding a ban in bars. Give them that and they'll return the following year going after outdoor patios. The fourth or fifth year down the line they'll go for public parks or private apartments or homes where someone under 16, 18, or 21 lives. Then it will be time to move on to firing smokers from government funded jobs, then health and education-related jobs and any job connected with the food industry... even the long distance trucker! Voting for this bill was a mistake but legislators are scared of being labeled "in the pocket of BigTobacco" or "against the health of our children." NC citizens need to stand up and say "Keep government out of our personal legal choices in life." Or you can be sure they'll be back for more. Michael J. McFadden, Author of "Dissecting Antismokers' Brains"

Posted by Musician on 10 Apr 09 09:58 PM EDT
In states where bars are forced to ban smoking, live music goes out the window. Are antismokers also anti-arts? Yes. Except when it comes to funding groups like the Cleveland Orchestra with cigarette tax dollars. I don't know many antis that could name all of the classical pieces in Fantasia. Antis are arts challenged hypocrites.

Posted by Musician on 11 Apr 09 12:48 AM EDT
Wise words McFadden. In our state they are quite fed up with the lies the antis told about "no businesses losses when a smoking ban goes in". Businesses closed down within months. I see Nevada got tired of the lies from the antis, too.

Posted by Reverendcrash on 11 Apr 09 11:56 AM EDT
This is an excellent opportunity for non- smokers to prove thier point Since the Majority prefer Bans they of course will quit going to places that allow it. Consequently these places will go non-smoking or have to close.

Posted by virgilk on 11 Apr 09 01:23 PM EDT
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. By using that same reasoning. A restaurant or bar is not public property. We need to support small business and stop regulating them out of business." The air inside a building is, in essence, “owned” by the building owner. That means that the building owner, is in a Position to control the amount of smoking (if any) that is Permitted in the building. Just because you invite someone into your home (private property), does not give them the right to tell you how to run your home. Government has the right to collect Taxes and other fees. The Health Department is responsible for protecting the public from un-seen health threats such as cleanliness and infestation by rodents, roaches, etc, which are not seen by the general public. Smoking/SHS is not an un-seen threat. Everyone has the right to walk out if an establishment does not suit their preferences. They control if a business survives by their right to spend or refuse to support that business.

Posted by Rick Smith on 11 Apr 09 04:47 PM EDT
We have all seen the results of the anti smoking groups. They have the smokers smoking outside in sub zero weather and are still not happy. Why don't you folks jump on another ban that would give you the satifaction you seek. By the way, I don't smoke, I am a vaporer. I'll let you folks figure that one out.

Posted by john on 06 May 09 09:12 PM EDT
If you are stupid enough to smoke, in spite of the volumes of evidence that smoking kills, then get ready for YOUR heart attack. It took one for me to quit smoking. I was stupid but you don't have to be. This is a health issue, not a rights issue. It is a cost issue, not a freedom issue. The tobacco lobby wants us to swallow their line about "privacy" and "freedom" and "choice," but that is because they are selling poison and killing us and they don't give a damn because they can make money doing it. The distance between the tobacco industry and illegal drug pushers is very short indeed. You ever notice how most smokers are overweight and don't exercise? Smokers, take a huge, deep breath and try not to cough your guts out and tell me smoking isn't killing you! Rick Smith complained that the anti-smoking groups have the smokers outside in sub-zero weather...well, that's where they belong until they wise up. I am a regular visitor in our local heart surgery recovery ward and I ask those who've just had bypasses or valve repair if they were smokers...and almost all were. And some will start again. A healthy society worthy of itself doesn't need this.

Posted by Ann Staples on 14 May 09 02:12 PM EDT
The NC law that passed on May 13 does not have an exemption for bars. It will ban smoking in all North Carolina restaurants and bars beginning on January 2, 2010, with only very narrow exemptions for cigar bars and private clubs. While it is not a perfect law, it is a very large step forward for North Carolina.

Posted by james on 17 Oct 09 07:18 PM EDT
Probably a bit tardy to point this out to Rebecca, but the establishments to which she refers ARE private property, but are licensed by the state as public accomodations, and therefore fall under stricter guidelines for regulation by the government. http://www.law.cornell.edu/uscode/42/usc_sec_42_00012181----000-.html

Posted by Mike on 30 Dec 09 09:10 AM EST
It is such a real shame that in this day, there are still so many people ignorant of the FACTS that SMOKING KILLS! One major difference between smokers and other drug addicts (yes, smoking is a drug addiction) is that their drug, when exhaled and while lit, disperses poison into everyone else's breathing space, unlike a heroin addict shooting-up. Besides, many who claim to be Christians wouldn't be smoking if they truly read their bibles and followed our Lord's teachings.

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