March 02, 2004
Austin's Smoking Ban, Revisited

[Updates below.]

It's been a while since I posted on the Austin smoking ban, so this caught my eye immediately.

Smokeless First Monday not hot for club owners

Under an experimental smoking ban, the first Monday of every month is designated smoke-free in bars that offer live music.

The First Monday ban is only in its second month, but bar owners say it hasn't proved to be a big draw.

"I haven't heard people coming in, going, 'Ah, thank goodness you've got this non-smoking show.' And in fact, when we first opened the club -- I'm a non-smoker -- and I thought, 'Hey, it might be a good idea to have some non-smoking shows,' but no one came to them. We had to stop doing them because no one would come," Beerland owner Randall Stockton said.

Bar owners also say many customers don't know the ban is only in effect one Monday a month and as a result, business is dropping off on other Mondays, too.


No shit. The percentage of people who smoke and go to bars and live music venues is enormous. Sometimes it seems like half the crowd is smoking. But even if a majority of drinkers and musicgoers smoked and wanted to ban whiny non-smokers from all bars and music venues in the city, I wouldn't support it.
A full smoking ban in Austin was set for June, but was postponed by the Austin City Council.

Under the revised ordinance, bar owners must buy a $300 permit each year to allow their customers to smoke.

The First Monday ban could help City Council decide whether to pass stronger smoking bans in the future.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin


A smoking permit? For what purpose?
  • To add yet another financial burden on the backs of the live music industry!
  • To remind those damn capitalists who's in charge here!
  • To utilize an as-yet-untested revenue stream to feed underfunded city government!
  • To get these unruly individuals to engage in healthier activities!

You know where that $300 could have gone? It might have been spent on paying for bathroom renovations, a better fire suppression system, a bonus for a deserving employee, extra advertising, the icing on the cake for attracting a really great band, experimenting with a new microbrew, fixing or upgrading the HVAC systems, replacing crappy soundsystem components, commissioning a local artist to do a painting for a dull wall, non-slip entrance mats, enhancing or creating a web presence, and on and on. All so much more legitimate uses of someone's money than paying for permission to allow smokers to use the bar only part of the week.

UPDATE(4/6/2004 12:55pm)
Now that a few weeks have passed for the bar owners to suffer through the aftermath of this experiment, let's hear what they have to say:

When the city announced it's First Monday program more than three months ago, bar owner Angela Gillen decided to give it a try.

The owner of Flamingo Cantina wanted to reach the smoking and non-smoking audiences.

"They were not really supported by the folks who say they would come out and hear live music, so we were pretty disappointed in that aspect,? Gillen said. "It's more difficult to get some of the bands to agree to perform because they realize it's going to affect their audience.?

Thirteen bars and music venues participated in the experiment. Most are seeing the same results. First Monday gives customers a feel for bars without the smoke. Business owners just hope it's not a preview of bars without customers when the city's smoking ban takes effect this summer. The city plans to make a final decision on First Monday's future after the trial period ends in July.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin


The City says not enough people are aware of the plan to take advantage of it. There's more, but it involves typical business-bureaucrat compromising.

UPDATE(4/21/2004 4:27pm)
The ban, initially scheduled to take affect on May 1st, has been posponed:

The city of Austin's new smoking ordinance will likely be postponed a month until June 1. The main reason is to give restaurants more time to show they've improved their air quality.

Dan McClusky's owner Steve Batlin lucked out. His restaurant has always had a separate room for non-smokers and smokers.

"I really don't think it's necessary. I'm a non-smoker myself. I think it's coming," Batlin said.

The new smoking ordinance is coming, but now it may be one month later. Before they get a smoking permit, restaurants must show they have dual ventilation systems. Lots of business owners installed them to meet the previous ordinance, but the city didn't keep a list.

Copyright ©2004TWEAN News Channel of Austin, L.P. d.b.a. News 8 Austin


Pfft.

UPDATE(6/1/2004 11:06am)
Austin Smoking Ban in Effect Today

UPDATED 5/9/2005 9:03am
The Additional Tyranny - The New Austin Smoking Ban Passes

UPDATED 8/30/2005 1:51pm
Deadline for the Austin Smoking Ordinance



Posted by Drizzten at March 02, 2004 05:04 PM

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Comments

I am a non-smoker who worked in bars all through college. I have nothing against smokers (to each their own) but I finally stopped going out to see my favorite local bands a few years ago because the smoke in bars was so thick that I had a sore, scratchy throat the next day (not to mention that my clothes and hair reeked).

I have seen only one story on the news about "First Monday" and I am someone that keeps up with city level issues. Since only approximatly 25% of the population smokes, why not advertize this smoke free night to reach the other 75% of the population? Now that I know about it (though I don't know which clubs are still participating), I will organize a night out with other like minded non-smoking friends. One night per month is not too much to ask clubs to go smoke free - Mondays are typically slow and/or indistry nights anyway, so I urge club owners to and the city to get the word out to Austin's non-smokers that we CAN go see live music now!

Posted by: Pamela on April 22, 2004 12:07 PM

Pamela, I'd have no problem at all with the idea of a smoke-free program for entertainment venues as long as it is voluntary and the City of Austin doesn't attempt to incentivize or subsidize the program. Bar and club owners are the only ones that know their businesses best and the choice to participate should be left to them.

I quit smoking almost four years ago. Nearly all my friends smoke. I don't allow smoking in my apartment and expect my friends to respect my wishes. I also understand that in their homes, I follow their rules. This is primarily a property rights issue.

Posted by: Drizz on April 22, 2004 01:05 PM

While the property rights of bar and resturant owners should no doubt be respected, the smoking issue has implications that extend beyond those rights. It affects the health of not only bar employees, but also the patrons (as Pamela pointed out). A generally accepted role of our government is to protect the health of its citizens (e.g., air pollution regulations and other similar legislation).

No doubt the bar owners possess property rights in their own respective businesses. Those rights have limits, though. For example, bars may not (legally) serve alcohol to anyone under 21. I'm sure most bar owners would be happy to serve alcohol to those younger than that. They might also be willing to operate a bar with no fire exits, sprinklers, etc...

In other words, to suggest that because bar owners are in the best position to determine the wishes of their clientele they should be allowed to act on those determinations fails to take into account the government's role in regulating public health and safety.

All of this, of course, doesn't mean I support a $300 license fee. Either ban it or don't (I suppose it's clear where I am on this one).

my two cents, at least.

Posted by: Mike on May 4, 2004 12:17 AM

Mike, I don't think you understand my position here. I assert that the government *deserves no role* in regulating public health and safety; therefore, the City of Austin should politely screw off and stop tampering with our lives.

So yes, my reasoning fails to take into account your objections because my reasoning rejects the very grounds upon which those objections are made. Either you own your property to dispense with as you wish or you don't. You can't have it both ways without glaring contradictions.

What seems to be lost on most people who support such invasive regulation is once the choice is made to interfere with someone's property rights in the name of "public good," just about anything can be claimed to be detrimental to that good and thus nearly any law or regulation is therefore justifed. Witness the creeping tyranny of "sin laws" that has amassed over the years. Freedom is dying in America and while the bigger blows being delivered to it make the papers, it's the pin pricks of localized regulation that grow relatively unnoticed. We've now arrived where you have to fight conventional wisdom on almost everything just to make a point.

Anyway, I have utterly no sympathy for people who bitch about breathing bad air in clubs when they make the conscious, willful choice to enter them. Let them go and play or work elsewhere. At least we still have the freedom to do that.

Posted by: Drizz on May 4, 2004 04:22 PM
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