Smoke in a bar violation of ADA???

[Larry Gude]

You smokers are under assault!

Virginia smoking suit cites ADA - - The Washington Times, America's Newspaper

James Bogden, 51, says four Northern Virginia restaurants are violating the Americans with Disabilities Act (ADA) by allowing smoking. Mr. Bogden has suffered a heart attack and has coronary artery disease. He says he can't safely patronize the restaurants because secondhand smoke can increase his risk of another heart attack.

He claims the disease limits his "major life activities," as defined by the ADA, and that by allowing smoking, the restaurants discriminated against him on the basis of his disability, according to his complaint.

Wow.

 

[red_explorer]

February 1st

FYI- I believe the law goes into effect in Maryland totally banning smoking in bars. THis is according to one of my customers, who works for the Democratic party.


Statewide Smoking Ban to Become Law


Effective February 1, 2008

Maryland lawmakers have approved a statewide smoking ban. This bill, sponsored by Delegate Barbara Frush (D-Prince George’s) and Senator Robert Garagiola (D- Montgomery), bans smoking in all restaurants, bars, taverns, private clubs and fraternal organizations statewide. Only tobacco retail stores (e.g. cigar shops) will be exempt. When it was clear that a smoking ban would pass, RAM worked hard to ensure that private clubs (major competition for many bars and taverns) were not exempted from the ban. Local jurisdictions may continue to maintain or pass local smoking ordinances that are more restrictive than the statewide law. Businesses that suffer significant losses as a result of the smoking ban can apply for temporary economic hardship waivers. The criteria to qualify for such waivers will be determined by the State Health Department, in consultation with the State Comptroller. Currently, no one knows what the qualifying criteria will be, but we predict such information will be made public by the end of this year. While the criteria will be developed at the State level, local health departments will process and grant the waiver requests. Again, the waivers are only temporary. All waivers granted will expire on January 31, 2011.


Restaurant Association of Maryland - Laws & Regulations - Position Papers

 

[red_explorer]

I will also say that I do not smoke, but my mother does. I do not feel that she should have to leave a restaurant to smoke.

In North Carolina, they have smoking sections.

 

[MMDad]

Wow.

Amazing the #$%^ people come up with.

 

[White Buddah]

I will also say that I do not smoke, but my mother does. I do not feel that she should have to leave a restaurant to smoke.

In North Carolina, they have smoking sections.

Unfortunately, soon they HAD smoking sections. I don't have a problem going outside to smoke. I do have a problem when someone outside complains. I'm sure the law will be mended to include restraunt/bar property.

 

[Otter]

Unfortunately, soon they HAD smoking sections. I don't have a problem going outside to smoke. I do have a problem when someone outside complains. I'm sure the law will be mended to include restraunt/bar property.

..they got their foot in the door, so they are gonna start policing the outside of buildings...soon it will be you can't smoke within 50 feet of an outside entrance..

 

[White Buddah]

I can't wait so it's illegal to smoke inside of my vehicle cause the person next to me could be a non smoker and it would offend them. It's probably going to become illegal to smoke within your own house whether or not there are kids around.

 

[ylexot]

It's probably going to become illegal to smoke within your own house whether or not there are kids around.

Well, if your house smells like smoke, some day when you sell the house, that smoke smell will prevent someone from buying the house because the smell annoys them. Therefore, it is discriminatory and should be banned!

 

[vegmom]

Is there any provision in the bill that a closed off smoking section is acceptable in places over x sq feet?

 

[vraiblonde]

But I'll bet Mr. Bogden, with his heart attack and coronary artery disease, thinks nothing of ordering the king-size ribeye and baked spud with plenty of butter and sour cream.

I think people with this much time on their hands and nothing better to do should be euthanized.

 

[Wenchy]

But I'll bet Mr. Bogden, with his heart attack and coronary artery disease, thinks nothing of ordering the king-size ribeye and baked spud with plenty of butter and sour cream.

I think people with this much time on their hands and nothing better to do should be euthanized.

Agreed.

So...where is the smoking dinner/party this weekend?

 

[dems4me]

I can't wait so it's illegal to smoke inside of my vehicle cause the person next to me could be a non smoker and it would offend them...

Actually that's not too far off. When you visit CMH, they won't let you smoke in your vehicle even in the parking lot because the parking lot is their property. I have known a few people to have been lectured to by the hospital for trying to smoke in their vehicle in the parking lot. They said NO SMOKING means NO SMOKING PERIOD.

When I lived in Bethesda the city was trying to ban smoking from all the vehicles outright because the vehicles were close together on narrow streets and if one had their window down some of it could waft into the next vehicle . Luckily, it didn't pass as far as I know of. Same for smoking while walking down the street. They said that its not fair to nonsmokers to have to wait at a stoplight for the WALK sign while you puff away next to them.

See maybe that's what we should do, instead of folks practicing tolerance and acceptance of one another I think all the nonsmokers should move to Bethesda and all the smokers move to Southern Maryland

 

[desertrat]

Agreed.

So...where is the smoking dinner/party this weekend?

Your place!

 

[HouseCat]

Smoking and drinking go hand in hand. You can't have a bar without it being smoky. Just doesn't work. lol Next thing you know, we'll have to take our shoes off for carpet fiber conservation or something.

Personally, I can't stand smoke. It makes my eyes itch and water very badly. I got crappy allergies. If the non-smoking section of a resturant still smells bad and doesn't have enough ventilation or barrier from the smokers, then I just don't go there. I've found very few resturants to be like that. However, I've found a lot of resturants whose non-smoking areas are just fine. Doesn't bother me a bit. Why don't they just enforce stricter health standards on resturants for creating better ventilation and/or barriers so everyone is happy instead of this totalitarian bs?

meh.. this kind of crap just makes me want to drink!

 

[toppick08]

Screw 'em.

 

[dems4me]

Smoking and drinking go hand in hand. You can't have a bar without it being smoky. Just doesn't work. lol Next thing you know, we'll have to take our shoes off for carpet fiber conservation or something.

Personally, I can't stand smoke. It makes my eyes itch and water very badly. I got crappy allergies. If the non-smoking section of a resturant still smells bad and doesn't have enough ventilation or barrier from the smokers, then I just don't go there. I've found very few resturants to be like that. However, I've found a lot of resturants whose non-smoking areas are just fine. Doesn't bother me a bit. Why don't they just enforce stricter health standards on resturants for creating better ventilation and/or barriers so everyone is happy instead of this totalitarian bs?

meh.. this kind of crap just makes me want to drink!

I agree. Why not just enforce an air quality standard and if you can't meet that be fined, buy stronger vents, etc... if not - go nonsmoking. I have yet to understand thier "throwing the baby out with the bathwater" solution to this, it makes no sense and will probably financially hurt the small business owner to boot. There were other suggestions and compromises that could have been explored that weren't.

 

[Wenchy]

Your place!

Ready for a roadtrip?

 

[Merlin99]

FYI- I believe the law goes into effect in Maryland totally banning smoking in bars. THis is according to one of my customers, who works for the Democratic party.


Statewide Smoking Ban to Become Law


Effective February 1, 2008

Maryland lawmakers have approved a statewide smoking ban. This bill, sponsored by Delegate Barbara Frush (D-Prince George’s) and Senator Robert Garagiola (D- Montgomery), bans smoking in all restaurants, bars, taverns, private clubs and fraternal organizations statewide. Only tobacco retail stores (e.g. cigar shops) will be exempt. When it was clear that a smoking ban would pass, RAM worked hard to ensure that private clubs (major competition for many bars and taverns) were not exempted from the ban. Local jurisdictions may continue to maintain or pass local smoking ordinances that are more restrictive than the statewide law. Businesses that suffer significant losses as a result of the smoking ban can apply for temporary economic hardship waivers. The criteria to qualify for such waivers will be determined by the State Health Department, in consultation with the State Comptroller. Currently, no one knows what the qualifying criteria will be, but we predict such information will be made public by the end of this year. While the criteria will be developed at the State level, local health departments will process and grant the waiver requests. Again, the waivers are only temporary. All waivers granted will expire on January 31, 2011.


Restaurant Association of Maryland - Laws & Regulations - Position Papers

I'm guessing that these are going to be as easy to get as a concealed weapons permit.

 

[dems4me]

I'm guessing that these are going to be as easy to get as a concealed weapons permit.

What exactly is the temporary hardship waiver - does that mean they can temporarily let smokers smoke in their establishment again or a government $$$ handout. If its a government hand out, I have a feeling it's coming out of our HUGE OUTRAGEOUS tax increase on ciggerettes they mandated within weeks of each other.

 

[Larry Gude]

I dunno...

I think people with this much time on their hands and nothing better to do should be euthanized.

...that might really cause him ADA unapproved heartburn.