County won't excuse Perkins bar's smoking violations

The owner of Excuses Lounge in Perkins Township knew the health department was unhappy with him, but he says he didn't know until last week he was facing more than $21,000 in fines for smoking violations.
Tom Jackson
Sep 23, 2011

The owner of Excuses Lounge in Perkins Township knew the health department was unhappy with him, but he says he didn’t know until last week he was facing more than $21,000 in fines for smoking violations.

Terry Smith, 54, a veteran in the bar business, says he’s worried that if the state of Ohio goes through with threats to take away his liquor license, he’ll lose his livelihood.

But he’s also angry at the health department because he believes he’s been singled out for enforcement.

“I’m going to lose my car, lose my home, everything,” he said.

The Erie County Health Department’s figures show bars in the county owe $31,400 in unpaid fines for smoking violations. Excuses Lounge accounts for $21,500 of that.

Smith believes the county health department is specifically targeting his establishment, but health commissioner Pete Schade said his workers only investigate violations after receiving complaints.

Pick up Friday's Register to read more about Smith's predicament and how the state is planning to revoke liquor licenses from bars that don't pay their fines.

Comments

Centauri

This whole thing could be completely avoided by lawmakers having some common sense.

http://www.youtube.com/watch?v=tjWyce_C_Rg&feature=related

Arrested for growing a tomato perhaps? Check out some of the other videos on the same page. We have some real idiots that propose laws. Thankfully many do not pass.

I have a small garden and also purchase food from the area farmers. The problem is the wording of some of the laws. Will the time come that I will be penalized for growing my own food? Will vegetable gardens be unlawful in the future?

The smoking law is ridiculous because it should have excluded certain places like bars. No common sense was used when that law was written.

In the future, will it be unlawful to grow my own food or share it? Perhaps be required to only buy food full of chemicals from big business?

In the future, will big business force you to buy drinking water in bottles? That water that you drink from the sink could be treated to make it unfit to drink.

Because a law is written and enacted doesn't mean it is right. If the growing of food in your garden ever becomes unlawful, how many of you will be breaking the law? Obey or else? We already have too many laws on the books that deny us rights to pursue happiness.

 

6079 Smith W

@ Centauri:

Potentially illegal to grow one's own crops for one's personal usage? Yes it is.

It's already been decided by the U.S. Supreme Court under the guise of the Commerce Clause: 

http://en.wikipedia.org/wiki/Wickard_v._Filburn

 

Enjoy your "free" "affordable" and manditory health insurance courtesy of Mr. Obama and pals also under the guise of the Commerce Clause.

With the Commence Clause, whatever the political ruling class determines is good for you can potentially become the law of the land. Sieg Heil!

Do ya think that Mr. Obama steps outside to light up?

(Hitler hated smoking, but on the other hand Stalin enjoyed a good cigarette - go figure.)

 

 

 

cockynurse

 This is a bunch of BS.  Ridiculous law....and thats coming from a NON-smoker.    

Darkhorse

This bar owner got real cocky right from the start when they warned him from the beginning about the no smoking ban.  He thumbed his nose at the whole smoking rule and acted in an arrogant  catch-me-if -you-can attitude.    He has no one to blame but himself for the fines.  I will say that the State could have warned the bar owners that they could take away their liquor license for repeated offenses and all this would have been avoided.  The bar owners can manage small fines but taking away their liquor license will shut them down with real meaningful consquences.   

Factitious

"Arrested for growing a tomato, perhaps?" Nah. (See Cantauri a couple of posts down)

It's urban legend gone viral thanks to paranoid wackos. Started as disinformation propaganda by corporations who would be inconvenience by laws that would make our food safer. See:

     http://www.snopes.com/politics/b...

On the other hand, Monsanto et. al. can be counted on to continue to pay off their pimps in Washington with "campaign contributions" to continue to build their monopoly on seeds, dangerous genetically modified food and other food sources, until everyone in the world is effectively paying a tax to Monsanto to eat.

The cancerette industry would have been reined in long ago, saving millions of lives, if we had a real democracy instead of a corrupt moneyocracy.
_______________

Exxcellent

I guess he can blame his customers. The ban is enforced on a complaint basis. No one must complain at the other bars - hence no fines.

OR the wives of the customers who sit in there all day and make EXCUSES. LOL

Centauri

While his opinions are based upon fact, Factitious reserves the right to make stuff up.   

@ Factitious      I use snopes at times as a guide only. Snopes is not infallible. When a law is passed, the writings of the law are interpreted by lawyers and lawyers in robes.

Factitious reserves the right to make stuff up. How much stuff do you make up?

http://www.wnd.com/?pageId=91196

In fact, Snopes, routinely cited by many as the final word on both frivolous and important stories, is not the well-staffed think tank of researchers, journalists and computer hacks one might expect – but rather, the work of David and Barbara Mikkelson, living in a Los Angeles suburb.
 

http://en.wikipedia.org/wiki/Snopes.com

Do some research on David and Barbara Mikkelson. Also research several sites to get the best possible answers. I use several news sites and never rely on one source of news or information.

 

 

Centauri

On the other hand, Monsanto et. al. can be counted on to continue to pay off their pimps in Washington with "campaign contributions" to continue to build their monopoly on seeds, dangerous genetically modified food and other food sources, until everyone in the world is effectively paying a tax to Monsanto to eat.

The cancerette industry would have been reined in long ago, saving millions of lives, if we had a real democracy instead of a corrupt moneyocracy.
 

Good comment

meowmix

Since when did this country stop being the land of the free I ask?

If I walk into a hotel where prostitution is the main business there, do I not have a choice to make?  Either stay or go?  Or, do I launch a campain against it because it doesn't go along w/ith my values.

Are people so self-centered these days that one must pray to their god, one must not smoke if they don't , one must have the same moral's as they have??

What the hell is wrong with people these days?  Don't want to over tax the Jersey Shore kids who earned over 5 million per kid for behaving like sluts? Yep, the great job creators they are.

When is this country going to start getting along again?

 

 

origen

Get rid of egg yokes and egg whites, whole milk, and salt they kill people too i dont want to see people destroy their lives and increase my healthcare bill, shoot quit breayhing because the carbon dioxide is killing us!!

Good god people wake up !!

When the government came for the <fill in the blank>,
I remained silent;
I was not a <fill in the blank>.

When they locked up the <fill in the blank>,
I remained silent;
I was not a <fill in the blank>.

When they came for the <fill in the blank>,
I did not speak out;
I was not a trade Fill in the blank>.

When they came for the <fill in the blank>,
I remained silent;
I wasn't a <fill in the blank>.

When they came for me,
there was no one left to speak out.

Have fun trying to control others it just shows whos side your on.

Factitious

Centauri, thanks for the kind word, but

re: Snopes - Seriously? I never claimed they are infallible, but they do have a reputation for reasonable fairness. And after, your citation was a YouTube by NoOneAnyoneEverHeardOf

And the link you cite purporting to debunk Snopes? It's a Birther page, for Pete's sake!

From the Wikipedia article you cite:

   "Snopes has received praise from folklorist Dr. Jan Harold Brunvand , author of a number of books on urban legends and modern folklore [and perhaps the authority on urban legends], who considers the site so comprehensive as to obviate the necessity for launching one of his own.[11]   "

 

Raoul Duke

If you think about the other bars that we all know allow smoking, they tend to be in buildings that stand alone, like the Pump, Sail In, Bud's Place. I'm guessing that the complaints come mainly from next door. I don't know who that is, but I wouldn't blame them if the smoke was coming over into their building. The law was meant to protect non smokers, not to change people who do smoke.

GoBigLex2001

There is no excuse for "Excuses" not to follow the law. Maybe if you were a law-abiding citizen/business owner, you wouldnt have to worry about your license being at risk. You broke the law and ignored it, now its time to pay the piper. Take the license!

EZOB

FACT!!!!!!!!!!!!!!!!!!

         This isn't a "LAW", it's a Smoking Ban.  The difference???  If it was a law, police could enforce it a write you a citation for smoking.  There is nothing in the Ohio Revised Code to allow police to enforce the Smoking Ban.  I want the Health Department to fine obese people who order fattening foods and I want Fast Food Establishments held responsible for serving obese people.  What hypocrites that collect cigarette tax money and then expect establishments to enforce the Ban.  Make all cigarettes illegal and I'm for this 200%.  The politcal machine becomes more corrupt with each election.

origen

"Make all cigarettes illegal and I'm for this 200%. " Yep thats Freedom for you, Do what i say not what you want to do. Hopefully the TSA gropes people that believe in this till they understand that the more they press the government to make stuff "Illegal" the more it encroaches apon everyones freedom. As the political winds change all these laws and regulations are doing is opening the door for the next admin to put more laws on the books. From the time you wake up till the time you sleep (even then) you are regulated and theirs laws about your every move.

sanduskysteve

EZOB - it actually isn't a smoking ban it's an amendment to our state constitution.  It was done that way so it couldn't be manipulated by the state legislature.

Also making cigarettes and cigars illegal would NOT help the unemployment numbers - in fact it would add hundreds of thousands to the count.  That should make Obama look good - now wouldn't it?  And you guys would blame him for it just as well as I'm sitting here.

Some people just do not understand the amount of manufacturing and the number of employees involved in making those products.  And shutting down factories and getting rid of workers is a good way to move that business out of the US.  Who woudl be to blame?  EZOB.

Nam Vet

The real problem is that you can not find out who turned the bar owners in. I thought you should be able to face your accuser. That way is wrong. You make the call be prepared to show up in court. then lets see how many calls they get. And to Origen, you are right about the extortion. May some mafia dudes need to visit the people at the health department and have a little talk with them. What do ya think?

Nam Vet

The real problem is that you can not find out who turned the bar owners in. I thought you should be able to face your accuser. That way is wrong. You make the call be prepared to show up in court. then lets see how many calls they get. And to Origen, you are right about the extortion. May some mafia dudes need to visit the people at the health department and have a little talk with them. What do ya think?

BR549

first off I do not smoke or own,work at a bar,however they intenionally worded the ballot on the smoking ban so as to be confussing (no means yes- yes means no) that was no accident, now they want to fine the owner of the bar or buisness instead of the offender, this makes no sense at all. even if the people go outside to smoke, some cities are complaining about the people hanging out on the public street, to the bar owners, what are the owners supposed to do? if you think this is alright, just wait till they come for you with some buLLLLLLsheeeeeeet law.................

Informed

EZOB,  other people eating fattening food and being obese affects your health how?  What some of you people fail to comprehend is that second-hand smoke is harmful and that you do not have the right to inflict that harm on another person.  End of discussion.

sanduskysteve

Informed - what you are failing to comprehend is that no body is forced to go to an establishment that would allow smoking to be "aflicted" by second-hand smoke.  So, if you believe it to be harmful, then stay away from it.

A business, although open to the public, is also a privately owned establishment and you are considered to be on private property while you are in the business.

If a business allows smoking, there is no law that states you must visit that business.

Now, the discussion has ended.

formeremployee

Coulda shoulda woulda doesn't matter.  The ban says no smoking in a workplace, period.  he new it, he allowed it, he got caught.  So what's the big deal?  If I speed, and if I get a ticket I don't complain that the speed limit should be higher, I pay my fines and go on with life.  All the people complaining about the ban should have did more so it didn't get passed.  If the bar owner new he couldn't afford to pay the fines, he should not have let people smoke in his bar. 

BR549

HOW ABOUT IF I SPEED AND YOU GET THE TICKET !!!!!!!!!!!!

The tt

If the county's making such a fuss over smoking in Excuses, nobody tell them about this place called "Big O's."  Lord knows what would happen if they found out what was going on in that hole.

Mr. D

Sadly, "do good" groups have been responsible for ridiculous laws and erosion of our freedoms since this country was founded.  Many are so tunnel visioned with their agendas they sometimes loose touch with reality,  I admire the management fo Excuses for fighting back.

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