Smoking ban ruling to come by Dec. 31

December 19th, 2006, posted by LVDem

An Allegheny County judge will rule by Dec. 31 whether County Council overstepped its bounds by enacting a smoking ban.

Common Pleas Judge Michael A. Della Vecchia -- a former smoker -- heard testimony Monday in a lawsuit filed by two Downtown restaurant owners trying to stop the smoking ban, which is set to start Jan. 2.

James Mitchell, owner of Mitchell's Restaurant & Bar, and John J. Petrolias, owner of Smithfield Cafe, testified that loopholes allowing smoking in some places -- including bars where food sales are less than 10 percent of revenues, and casinos -- put their businesses at a competitive disadvantage.

"I'm going to lose business to my competitors if people can smoke there but not in my business. Customers have told me they're going to go elsewhere," Mitchell testified. "I think it should be up to the business owners to decide how to run their business and up to the public to decide if they want to come into my restaurant."

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Pittsburgh

Thinking Out Loud...

On December 20th, 2006 pghtory said:

I wonder if this hurts Onorato and Council at all. Many businesses are more than slightly peeved at this bit of Big Brotherism and I’m wondering whether or not this begins a pay-raise like backlash against those in power in Allegheny County. Fitzgerald (County Council President) has been trumpeting this for a while and Onorato, with reservations, signed the bill. Putting the merits of the policy aside for a moment, this thing is so bogged down with loopholes (businesses that derive less than 10% of their income from food won’t be affected – nobody thinks that’s not a goldmine for casinos, right?) it’s ridiculous. Onorato looks rather invincible going into his re-election, but I’m curious as to whether or not some Council members draw strong primary challenges from this.

Re: Thinking Out Loud...

On December 20th, 2006 phillydem said:

I doubt there will be any political fallout. That said, I agree the smoking ban goes too far. No one is being forced to go into a bar, and that’s where most of the smoking is, and breathe second-hand smoke. The restaurants I’ve been in just don’t have much smoking going on because with the current restrictions on smoking, most smokers rarely smoke indoors anymore.