The Evil Tobacco Empire Strikes Back

A group of Saint Paul bars are suing the city to stop the March 31 onset of the city-wide smoking ban:

Sixteen St. Paul bar owners sued the city Tuesday, asking a judge to halt its smoking ban from taking effect March 31 because they claim the city doesn't have power to enact it.
The bar owners contend that because the St. Paul Public Health Department merged with the Ramsey County Public Health Department in 1996, the city "lacks regulatory authority" over public health issues related to smoking.

"This isn't about smoking; it's about which level of government can regulate it," said Patrick O'Neill, the attorney representing the bar owners.

It sounds like the kind of case only a lawyer could love:

St. Paul City Attorney John Choi said the city has authority in its charter, police power and the federal Clean Air Act. "There are a lot of red herrings in this lawsuit and not much legal substance," he said.

For those who don't follow Twin Cities politics: After moderate and sane mayor Randy Kelly was ushered from office on a wave of anti-Bush bigotry last November, the new mayor, Chris Coleman, signed a comprehensive smoking ban so fast that a few of the strings that Jay Benanav was using to control his hands snapped from the strain.

Prior to the council's action, the city fell under Ramsey County's less restrictive ban, which allowed smoking in bars but not restaurants.

The suit was filed by owners of DeGidio's, Mr. C's, Costello's Bar, Minnehaha Lanes, Champps of St. Paul, Lonetti's Lounge, Gabe's by the Park, Wild Tymes, Wild Onion, Fabulous Ferns, Winners Tavern, Yannarelli's Bar, the Hat Trick Lounge, the Town House, Ron's Bar and the Arcade Bar.

All of the businesses had been granted exemptions from the county smoking ban.

I suggest you patronize these places. I know I do.

Not all at once.

You know what I mean.

Posted by Mitch at March 1, 2006 08:42 AM | TrackBack