Galveston, TX finally reverses their ban for bars, and becomes the 2nd Texas city to restore freedom of choice in 2010

It's way past time that more cities with total bans including bars should reverse them, and good to see at least another Texas city had the balls to ease a smoking ban that formerly applied to bars. This is the 2nd city in Texas in 2010 to make this decision, after Conroe, TX(north of Houston) did so earlier this year. Although the ban inside restaurants and workplaces will remain in effect after October 13th, the provision that banned smoking 15 feet from a door was revised to just 5 feet, and alcohol consumption is once again allowed in tobacco shops, along with indoor smoking in bars and clubs, if such a owner wishes to permit it. Galveston previously had one of THE most restrictive smoking bans in Texas, and their ban briefly was even more restrictive and prohibited smoking in tobacco shops, before a December 2009 smoking ban amendment passed. (but then still prohibiting alcohol consumption in such places) Up until this revision passed, smoking in all restaurants and bar patios was technically banned, although it was NEVER enforced, as witnessed by anyone who's ever watched the webcam for the restaurant The Spot. (and can be viewed at http://www.galveston.com/spotcam/ )

Almost forgot to say Pasadena, TX(an east suburb of Houston) did a similar ban reversal for deciding to remove bars from their smoking ban, which occurred 2-3 years ago. Bravo to Galveston's city council, and yay for the fact it overrode Mayor Jaworski's veto!

http://www.cityofgalveston.org/news/default.cfm?ID=4219
http://www.setexasrecord.com/news/225095-galveston-bar-owners-strike-back-at-smoking-ban-by-suing-city

Two additional articles I just found:
http://galvestondailynews.com/story/178330 (and wow, did Michael McFadden seriously own the idiot antis that commented in that comments section, up to 62 at the time I saw it)
http://blogs.houstonpress.com/hairballs/2010/09/smoking_ban_galveston_1.php

final poll results for my August/September question

If you smoke, do you tend to completely obey outdoor smoking bans whenever you encounter them, bend the rules slightly on outdoor bans, or ignore them outright?

I always disobey outdoor smoking bans, regardless of who gets annoyed.	3 (75%)
I obey many bans, but tend to bend the rules on small ones, i.e. like 'smokers must stand 10-15 feet radius from door', and only stand something like 5-8 ft. away. I also use discretion and look around where I am, before lighting up.	1 (25%)
With rare exceptions, I obey outdoor bans the vast majority of the time.	0 (0%)
I don't take any chances, and obey all outdoor smoking bans.	0 (0%)

Webb City, MO(near Joplin) puts smoking ban referendum on April 2011 ballot

The more I think about it, it makes sense, considering they weren't enthused about touching this issue. But if it gives local businesses(both smoking ones, and non-smoking businesses that still favor freedom of choice) a great chance to successfully organize and fight this proposal before it's too late, more power to Webb City's council(and a la Devil Lake, ND's recent decision to refer a ban proposal to the ballot, instead of approving it).

More people need to organize against the Joplin-area group that's leading all these local smoking ban coalitions in each Joplin-area community, called Clean Air Project(it's an umbrella group that leads all the other local ones, like Smoke-Free Webb City). I'm slightly surprised Carthage wasn't the first community to refer it to the ballot, since that was the first community around there where their council had a hearing on this issue....

http://www.joplinglobe.com/local/x797276092/Webb-City-smoking-ban-heads-to-voters

Creve Coeur now wants to stupidly copy Brentwood's bar ban, plus (YAWN) new St. Charles County ACS poll

So, I just saw a new article that shows yet another Councilwoman(Beth Kistner) in Creve Coeur wants to copy off Clayton, Kirkwood, and Brentwood's jumping off of the cliff, and throw Creve Coeur bars over the cliff as well. Isn't it time for businesses and residents to demand that their city councils quit touching this issue, and truly solve real problems other than smoking instead? After all, if people didn't want some establishments(even restaurants) to have smoking, they'd have banned smoking on their own accord by now. The western part(aka 'West County') portion of Saint Louis County must be full as heck with anti-smoking supporters(and probably is like Chicago's North Shore suburbs), if communities from Ballwin all the way east to Clayton have unnecessarily passed these draconian laws, killing the business of any place that used to legally be able to cater to smokers. :(

And Creve Coeur's mayor(Harold Dielmann) is willing to go along with this nonsense, despite that ALREADY, 70% of restaurants in Creve Coeur are non-smoking on their own accord? He states that he's okay with a citywide ban even including the lone CC bar exempt by the Saint Louis County ban (EDIT) yet to take effect in January 2011, as long as restaurant and bar patios are exempt. Screw Mayor Dielmann, politicians truly need to learn to listen to the people, or they will see the revenge of karma turning against them, and get voted out by voters fed up by anti-smoking nonsense. And they really should turn against these municipal politicians, whenever they come up for reelection.

http://www.stltoday.com/news/local/stcharles/article_9c5c657c-d791-55fc-b955-af71114d5c80.html

Ohio antis now want OH's state cig tax($1.25 a pack, $12.50 a carton) doubled

Their new comments are interesting, since I recall back in spring of this year, they were running their mouths on how the state cig tax should be raised a dollar. Now they want Ohio state to double the state cig tax, once the 2011 Ohio legislative session starts? State lawmakers there would be wise to look at Michigan, where cigarette sales HEAVILY plunged after Gov. Jennifer Granholm, and anti-smoking lawmakers got their state cig tax raised years ago from $1.25 to $2 a pack. Do they really want tons of bootlegging to start flooding that state from all directions?

Excluding Pennsylvania, they already have a higher state cigarette tax than all surrounding states. They WILL BE HIGHER than all surrounding states, including Pennsylvania, if this foolish proposal were to pass. Man, I already see bootleggers heavily targeting Cincinnati, since it's surrounded by both smoker-friendly(greatly, versus Ohio) Indiana and Kentucky.

http://news.cincinnati.com/article/20100915/NEWS01/9160333/Hike-cigarette-tax-raise-400M-
http://www.mariettatimes.com/page/content.detail/id/529852/Taxing-tobacco.html?nav=5002 (lol, this includes a poll on if you favor or oppose such a state cig tax increase, and already has a lengthy comment section)
http://www.springfieldnewssun.com/news/ohio-news/health-groups-want-state-cigarette-tax-doubled-918767.html (decent comment section, as well)
http://www.toledoonthemove.com/news/story.aspx?id=512437
http://www.whiznews.com/content/news/local/2010/09/16/potential-cigarette-tax-increase (this is more an example of a pathetic article than anything, but a great example of how crappy some media outlets are. there's a 5 second attached video, where the only guy interviewed(yes!) is a non-smoker who spoke in favor of doubling the state tax)

Bloomberg(erm, Gloomturd) seeking expand NYC's '03 smoking ban to outdoor parks/beaches, marinas, boardwalks, + pedestrian plazas like Times Square

Haha, I'd love to see the NYPD 100% successfully enforce a ban in BOTH ALL AREAS of Central Park and the outdoor (and now car-free, thanks to Gloomturd, and saw this change in summer 2009 myself) pedestrian plaza of Times Square. Both places are so big outside(trust me, I visited both places on my trip there last summer, along w/some smoker-friendly places like the tobacco bar Circa Tabac, one of the ONLY indoor businesses totally exempted, and grandfathered in, by the 2003 city ban), that it'd be all but impossible to enforce an outdoor ban everywhere. I did not get around to visiting the Coney Island boardwalk, but from the few online pics I've seen of it, that's another great place where it'd be nearly impossible to enforce a complete outdoor ban.

Boy, do I really hope enough city council members show some backbone, and oppose this proposal being pushed by both Gloomturd and the primary person who introduced this bill, City Councilwoman Gail Brower. There are a few other council members who have also signed on as co-sponsors besides Brower, but I'm not sure of all the names ATM. (will post everyone's name on the NYC council later, once I find out who they all currently are) For now, this proposal doesn't include banning outdoor smoking on regular sidewalks outside of pedestrian plazas like Times Square, or for any restaurants and bars that allow smoking on an outdoor patio. Doesn't change outdoor smoking restrictions for private businesses, private organizations like college campuses(mostly thinking here about the fact Iowa and Arkansas BOTH at least do impose some sort of statewide outdoor campus smoking ban for either all public colleges, or also include private colleges in such a law(like Iowa does)), or for any other private business or organization within NYC.

http://www.examiner.com/ny-in-new-york/bill-proposes-smoking-ban-outdoor-areas-of-nyc
http://gothamist.com/2010/09/17/smokers_not_so_eager_to_comply_with.php
http://www.theglobeandmail.com/news/world/americas/nyc-will-pursue-smoking-ban-in-parks-beaches/article1708387/
http://beta.wnyc.org/articles/wnyc-news/2010/sep/15/smoking-ban-include-parks-and-beaches/ (I'm gonna take a wild guess just from reading this article, that NYC City Council Speaker Christine Quinn is one of the co-sponsors to Brower's insane bill to ban outdoor smoking)
http://www.nypost.com/p/news/local/bloomberg_blunders_his_way_through_6eMJYxYP2NTXYHqVPzVyXO (lmao, Gloomturd can't even say names correctly of those he's appointed to lead other city departments :) )

update on the New York state vs NY Indian tribes cigarette tax showdown

Long story short, the state court has overturned it's decision to halt NY state from collecting the state cigarette tax, and the federal injunction for now is still in place for just two New York tribes. The Senecas and Cayugas are fighting to keep the current federal injunction ruling against the NY state cig tax being collected on Indian Reservation stores in place(hope they're successful in doing this, and even get a permanent injunction in the end), and the Oneida Nation is now filing it's own federal lawsuit to seek an injunction, as the Senecas and Cayugas currently have(albeit one that'll expire by September 28th, unless a federal judge rules to extend his imposed injunction against NY state for 2 tribes).

http://www.indiancountrytoday.com/home/content/Oneida-files-injunction-after-court-approves-state-cigarette-tax-103133424.html
http://www.businessweek.com/ap/financialnews/D9I8C25G0.htm

NY State Senate Health Committee considering anti-smoking agenda expansion w/11 items, hearing next week in NYC on Thu. 9/23

Here's an exert, from a longer letter posted on smokinglobby.com's message board:

=================================
It seems to me that New York is trying to become the anti-smoking leader in the USA. I received yesterday and email from the New York Tobacconist Association about a meeting the New York State Senate Health Committee holding a public hearing on September 23 at 10 AM taking place 250 Broadway, 19th Fl., New York City. The Committee will meet to learn how the state’s regulation of smoking and tobacco products works to improve the health of all New Yorkers and any actions needed for continued benefits.
On the table are the following items:

1. Smoking on playgrounds during the day when children under 12 present but prevents fine-able/jail enforcement
2. Smoking on train platforms
3. Smoking near playgrounds
4. Smoking in cars with someone under 14
5. Raises age 18 to 19 for tobacco statewide
6. Sale of e-cigarettes to minors
7. Definition of e-cigarettes
8. Prohibition of tobacco sales in pharmacies
9. Prohibition of tobacco vending machines 350 feet from schools/places of worship
10. Statewide flavor ban bills with the fines and complaint system in place (Paulin bill)
11. Manufacturer reports to DoH
======================

Full letter is readable below. And oh my gosh, if I lived in NY state at all(or heck, even New Jersey or Connecticut), I'd so go to this Senate Health Committee and try and speak. I'd so love to know which NY State Senate members(and ditto w/anyone in the state chapter of the ACS, ALA, etc. who's involved with pushing this s*** as well) behind proposing all these worser than craptacular proposals! The most annoying proposals by far of these 11 proposals are #2(I'll assume this proposed statewide outdoor ban would include outside areas of train platforms, even at tens and tens of feet away from the main station house), #5(this violates the personal rights of anyone who's hit the legal age of 18 to purchase and smoke a legal product(cigarettes). my guess is that this was proposed to copy off New Jersey, as they already require customers to be at least 19 to purchase cigarettes and all other tobacco products.), #6 + 7(although I wouldn't oppose restricting their sale to 18 and up, just like regular cigarettes), #8(like 5, this violates the personal rights of pharmacies to sell cigarettes if they want, since any pharmacy owner already has the power to NOT sell cigarettes, if the owner has such an objection to smoking), and #10 and #11.

Please attend and try to sign up to speak, if you live in the Northeast, and are able to attend it:
http://www.smokinglobby.com/forum/viewtopic.php?t=4031

West Hollywood, CA outdoor ban proposal, looks like the final version will be modeled after LA's ordinance

But I did find the debate in West Hollywood, CA on an outdoor smoking ban interesting, since it must be one of the very few communities in the LA area that hasn't fallen to the outdoor smoking ban nonsense that's spread everywhere in that state. I have a bad feeling they probably will fall to some sort of outdoor smoking ban anyway, since I recall reading(believe in the first article below) that 4 of 5 city council members(and including their mayor, not surprisingly) had stated they were in favor of some sort of outdoor ban for places serving food. (meaning the restaurants would be screwed over, if they wanted to permit smoking anywhere outside) Plus, one of the articles said that 'West Hollywood had made a commitment to mirror whatever outdoor smoking restrictions LA passes, blah blah blah.'

The very first article definitely had this quote in it, interestingly admitting the outdoor ban was NOT about health, from the former West Hollywood mayor:
"So too, the author of the ordinance, then-Mayor Abbe Land, candidly acknowledged the nanny state accusations’ veracity. “This is about changing peoples’ behavior,” said Ms. Land.

“Part of this is to encourage people not to smoke. That’s the goal, not to find a billion places for smokers to be. Candidly, I would that we didn’t have smoking in the outdoor areas of nightclubs and bars,” said Abbe Land."

http://wehonews.com/z/wehonews/archive/page.php?articleID=5315
http://wehonews.com/z/wehonews/archive/page.php?articleID=5304

This is the best article to read, and it totally debunks outdoor bans. Plus, it states why the Athens-Clarke County, GA government(and where my aunt and uncle happen to live) wisely rejected an outdoor patio smoking ban in late 2009(although they shouldn't have banned smoking in bars there in the first place 5 years ago!):
http://www.wehonews.com/z/wehonews/archive/page.php?articleID=4332

one more city buys the deceptive lies of antis, and sadly bans bar smoking(Savannah)

Savannah, GA unfortunately passed a bar smoking ban last week on a 4-2 vote, with the mayor also obviously supporting it as well. It's hard to believe a city like Savannah would want to do this to its bars, when already more than likely, at least a few had to be already voluntarily non-smoking. Least there's New Orleans, which thankfully hasn't fallen to this bar smoking ban madness yet. (and also Louisiana's Legislature has smartly rejected 2 bar and casino state ban proposals in the last 2 years)

It isn't lost on me either that libertarian groups protested Savannah passing an ordinance last fall requiring bartenders to be licensed and pay a fee to get a license, and after reading about that passing, it disgusted me a lot. I'll edit this post later and add links to one or more articles(based on what I can find) that that talks about Savannah's bartending ordinance, later.

http://savannahnow.com/latest-news/2010-08-26/savannah-bans-smoking-bars (very good comments section, up to more than 80 comments)
http://savannahnow.com/column/2010-08-26/hughes-smoke-free-city-healthy-city (the queen nanny of Healthy Savannah, Amy Hughes, disgustingly and pathetically justifies the 'good' smoking bans do)

New York state vs NY Indian tribes cigarette tax showdown

And I know what side I'm rooting for. You might as well say this battle has gone to overtime, now that it's being heard in a state appellate court, BOTH the federal court and a state appellate court have imposed temporary injunctions on NY state collecting their insane $4.35 per pack state cigarette tax on Indian Reservations, and the stupid ACS is supposedly asking the judge if they can(yawn, so typical of health fascists) file an amicus brief in favor of the state violating the sovereignty of Native tribes. This story continues to get crazier, every time I find new articles on it. And of course in the end, there's only one guy we can blame for starting this madness(Gov. Paterson, who started this crap in the first place by wanting to laughably force NY's tribes to collect this excessive $1.60 cig tax increase from $2.75 to $4.35, along with forcing it unnecessarily on all convenience stores). Bet it is only a matter of time before tons of non-Indian convenience stores start to close down, and at least they will near Indian-owned stores and/or Reservations, and near state borders.

Also apologies that I've had so little time to post the past few weeks, I've been in the middle of starting a new temp job. Hopefully when it ends in the fall, I may have slightly more time to update this blog. We'll see, crossing fingers!

Now some articles on this story:
http://www.wben.com/American-Cancer-Society-Getting-Involved-in-Cigare/8063994 (ACS should really mind their own business, and stay out of this case)
http://www.nytimes.com/2010/09/02/nyregion/02cigarettes.html (NY state appellate court imposing injunction, expanding Judge Arcara's limited injunction to all NY tribes)

http://www.buffalonews.com/city/article177382.ece (federal court injunction when Judge Arcara only issued an injunction against NY state collecting the tax at Seneca and Cayuga tribal stores, article 1)

http://www.syracuse.com/news/index.ssf/2010/08/federal_judge_blocks_implement.html (federal court injunction, article 2)
http://www.syracuse.com/news/index.ssf/2010/08/after_ny_tax_hikes_indian_shop.html (this was published just over a month into NY state's July 1st $1.60 cig tax increase from $2.75 to $4.35, but before NY state was supposed to start enforcing collecting the state tax on Indian Reservations as of September 1st, only to see an appellate court issue an injunction against NY state doing this)