"I'm very happy, and happy for people that work in bars and restaurants," said St. Paul City Council Member Dave Thune, author of the city's smoking ban. "It's a great day for public health."
I smell a sense of irony in that statement.
Posted on Thu, Mar. 30, 2006
Smoking ban to start Friday
Judge rules against bar owners' effort to stop enforcement
BY JASON HOPPIN
Pioneer Press
Thune no stranger to controversy
St. Paul's smoking ban will take effect Friday as scheduled after a Ramsey County judge turned back an effort by 16 St. Paul bar owners to stop its enforcement.
Judge David Higgs ruled Wednesday that St. Paul can regulate smoking in bars and restaurants, even though bar owners could suffer economically from a ban.
"We're obviously disappointed with the court's ruling," said Patrick O'Neill, a lawyer for the challengers. "It's a death sentence for some of the small, neighborhood border bars."
The bar owners argued that since St. Paul merged its health department with Ramsey County's unit in 1996, it no longer has authority to legislate health matters. But Higgs ruled the city never gave up that right.
"I'm very happy, and happy for people that work in bars and restaurants," said St. Paul City Council Member Dave Thune, author of the city's smoking ban. "It's a great day for public health."
Though the ruling is restricted to whether the city should be temporarily enjoined from enforcing a smoking ban in bars, restaurants, pool halls, bingo parlors and more while the suit plays out, it also is a signal that the bar owners' challenge isn't going anywhere.
City Attorney John Choi said Wednesday's ruling is a "strong indication that the judge is going to see it our way."
The ban takes effect at 12:01 a.m. Friday.
Though many studies on the economic effects of smoking bans have found minimal impact, bar owners say they will lose customers to cities bordering St. Paul. O'Neill said his clients are disappointed by the ruling.
"They feel picked on and upset. How can you have smoking in Maplewood and Roseville but not in St. Paul?" O'Neill said.
The ruling came one day after a Minnesota appeals court denied an appeal by a Minneapolis bar to suspend that city's smoking ban, which took effect March 31, 2005. The court also ruled that the bar was likely to fail on its claims.
The ban represents the third effort by the City Council to enact a smoking ban. Former Mayor Randy Kelly vetoed the previous two efforts. Mayor Chris Coleman signed the current law into effect after being sworn in earlier this year.
Ramsey County has a partial smoking ban that has been in effect for a year. It allows bar owners who do more than 50 percent of their business in alcohol to apply for an exemption. More than 100 St. Paul bars did so.
The bars and restaurants taking part in the suit are Arcade Bar, Champp's of St. Paul, Costello's Bar & Grill, DeGidio's Restaurant & Bar, Fabulous Fern's Bar & Grill, Gabe's by the Park, Hat Trick Lounge, Lonetti's Lounge, Minnehaha Lanes, Mr. C's, Ron's Bar, The Town House, The Wild Onion, Wild Tymes Sports Bar & Grill, Winners Tavern and Yannarelli's Bar.
Jason Hoppin can be reached at jhoppin@pioneerpress.com or 651-292-1892.
http://www.twincities.com/mld/twincities/14217895.htm
Oh nevermind, he wasn't wiggling but now he is. 
