STL Beacon Smoking Ban Article

Once again a fair and balanced smoking ban article from the Beacon.
Why is the St. Louis press so much better on this issue than the KC press?

'Hannegan, Nigro and other smoking-ban opponents said they might be able
to live with a policy like Tennessee's, whose smoking ban exempts places
with a 21-and-over age restriction.
"It won't make anyone perfectly happy, but it does seem that's a rational
basis to where to draw the line," Hannegan said.'

http://www.stlbeacon.org/issues-politics/176-Missouri_Issues/108124-statewide-ban-on-smoking

In Defense of the MAC

Most recently the Missouri Athletic Club has failed to comply with the St Louis City Smoking Ban. The City Health Department responded by issuing the first ticket for noncompliance with this young law. The MAC while somewhat quiet on the issue replied that they didn’t believe that they were subject to the law. The law as written excludes only private clubs with no employees. The MAC has employees and therefore is included in the ban.

I think there can be no doubt that the MAC is subject the smoking ban. Now the question becomes who is going to blink first. The MAC is a century old fixture in the city. Members of the MAC hold many important positions in the community. They are leaders of the community and hold influence on local politics. If they make a stand will the city do as threaten and shutter the MAC club? Will the MAC be able to force the City to make amendments to allow smoking in private clubs?

The MAC actually may hold the upper hand. The MAC like all private clubs such as VFW and AMVET outpost will not be allowed to legally allow smoking. Yet the alderman wrote into the bill one exemption for a “private club”. The VIP room at Lumiere is the only private club exempt from the smoking ban. If they city can give an exemption to three year old private club then why couldn’t they give exemptions to the likes of MAC, VFW and AMVETS. If they MAC makes a stand and can pull in VFW, AMVETs and all other private clubs they may force the city to alter the law.

I don’t believe the city wants to get into a public fight with the MAC. First I don’t believe they would actually go forward and shutter the MAC. There are far too many important people that are members. The city must make a decision on this because everyone is watching. The city has only one option beyond shutting it down and that is giving them an exemption.

The city gave the Lumiere VIP room an exemption then I believe they will give all private clubs an exemption. I believe that the MAC can’t lose if they press this. I for one hope they keep up the fight.

Barb Fraser: 20 questionable exemptions

Did you hear Barb Fraser on the Mark Reardon Show? She says 20 of the 111 granted County exemptions are questionable. That isn't much of a basis to scrap a law.
http://stlouis.cbslocal.com/2011/01/24/mark-reardon-show-monday-january-24th/

City vs. County Exemption Lists

Dear County Executive Dooley,

Please check this out. Though the St. Louis City smoking ban exemption requirements are stricter than the County's, thus far 250 establishments have applied for exemption in the City. The City requires that establishments have less than 25 percent food sales, plus prohibits the entrance of those under 21 and limits exemption to those establishments under 2000 square ft. The County only requires that food sales be under 25 percent, yet the County so far has fewer applications than the City. I don't think the number of exemptions for the County is really out of line. And I am sure some of the current County exemptions will be revoked over the next few month if the exemption process is allowed to proceed as provided in the County smoking ordinance.
http://www.studlife.com/news/region/2011/01/24/local-businesses-react-to-new-smoking-ban/

County Executive Dooley, County establishments have taken out kitchens and fired kitchen staff in order to gain these exemptions the voters allowed them. It is only fair to give this law a chance to work just as it was voted on.

Sincerely,

Bill Hannegan
314.367.3779

The Ritz-Carlton Flouts the Smoking Ban

I got a call from a Clayton business owner last Friday that the Ritz-Carlton planned to hold a cigar event in violation of the Clayton smoking ban. He said Clayton officials knew about the event and at first moved to stop it, but then relented and let it go on. Like many Clayton business owners, this owner is still furious at the Ritz-Carlton Cigar Club for selling out other Clayton businesses in order to secure their own exemption from the Clayton smoking ban. As we know, Pat Lindsey got wind of this and called the police. The Ritz got a $1000 ticket, but according to a poster on the Post-Dispatch website, flouting the law paid off for the Ritz:

"I have a family member that is a manager at the Ritz and spoke with that person yesterday. They, apparently, believed that they were in complete compliance with the law. They also said that there were plenty of county lawmakers who attended the event, that the event cost them $10K to put on, anyway, and most importantly, in this person's opinion, that the publicity they received from the violation garnered them an additional 30+ members to the Cigar Club.

The manager said they estimated those 30 members would generate around $50K in additional income for the Ritz. "

Dooley Precedent

If County Executive Dooley gets the County smoking ban substantially changed or gets a new ban passed, won't that be the first time the County Council has scrapped a voter approved law less than a year after its implementation? A lot of us assumed that a law put in by voters couldn't be touched for at least a year. The O'Fallon City Council and the Cape Girardeau City Council will be watching Dooley on this. Both have smoking bans on the ballot they would like to change as soon as possible.

Dooley Should Blame Health Department

County Executive Dooley is wrongly blaming the County smoking ban itself for the current confusion when he should be blaming the County Counselor, the County Heath Department and the Department of Revenue. These folks set out to enforce this year old law in complete confusion, making stuff up as they went along, without apparently having read the law first. Are bowling alleys exempt? Pool halls? Didn't they have a year to figure that out? Instead inspectors came up with freewheeling nonsense about walling off bars, air filtration in the bar, requiring certain fast-shutting doors, special signage asking for complaints concerning smoke in nonsmoking areas and under 21 requirements. Not of which is in the law!

We never said anything about this since the Health Department was being nice and letting a lot of stuff go. But now County Executive Dooley is getting ready to scrap a law the public voted for due to the chaos these County officials caused. So now I have to point this out.