The St. John's Telegram - August 31, 2005
by Rosie Gillingham

Bar owners in this province have a plan in place to take action against the provincial smoking ban.

And this time, they intend to make government take notice.

Following a meeting of the Beverage Industry Association of Newfoundland and Labrador (BIANL) and its members Tuesday, president Marcel Etheridge announced the course of action.

It was decided one bar - the name of which Etheridge would not disclose - would build a designated smoking room for employees, but would also allow customers to use it. Once the room is completed in about a month, the association would advertise it's available for smoking patrons.

The other move agreed upon was for bar owners to close their businesses on Thanksgiving Day, Oct. 10, "in symbolic protest.

Allowing smoking in a bar by the public is a direct violation of the law imposed July 1. Etheridge is aware a fine may result, but said the BIANL and its members will support the bar's owner and help with any legal defence necessary.

"We want to send a message to government, said Etheridge, who believes the ban to be one of the toughest anti-smoking laws for bars in the country.

"What we are saying is that we will put government on notice ... that we don't accept the ban as it is so that business can survive. Let that go through the courts and we'll take the next step.

Lawyer Richard Rogers, counsel for the BIANL, said if charges result, the association will seek a proper determination of whether the law is valid.

"The civil disobedience that will come into play ... is something that will be tested here, he said.

"How does one challenge it unless it ends up in court? Nobody wants to be charged ... but this might be the only solution.

And while not all present at Tuesday's meeting agreed with closing for a day, Etheridge said most owners are in favour.

"We don't know if everybody will do it, but the majority of bar owners in this room voted overwhelmingly that they will be closing on Thanksgiving Day, said Etheridge.

"If someone doesn't close, it will be disappointing ... but we believe most of them will, he said.

He said owners realize they will lose business that day, "but it will help them in the long run.

Etheridge said most bars report business is down by up to 50 per cent, with many laying off employees.

"What alternative do they have? We've been reasonable all along and trying to work with government, he said.

"My God, let's think what this will do - people will leave and it's not necessary. For God's sake, all we're asking for is a designated smoking room. Honestly to God, I just don't get it.

He added the association has also started a petition, which he hopes will be signed by bar owners, as well as patrons, before being sent to government.

Etheridge said there will be other meetings across the province in the upcoming months.

Ralph Wheaton, owner of Father's Place bar in Gander, is happy the association and its members are standing up against the ban.

"It was a great meeting, said Wheaton, who has owned his business for 21 years.

"My business is down 40 per cent and everyone's in the same boat. I haven't come across one person who hasn't lost revenue, so we have to do something. This is important to everyone right across the province.

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Lynda Duguay
The Smoker's Club, Inc.
http://www.smokersclubinc.com
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