|
Home > What's New > Buffalo Bucks the Ban
Buffalo Bucks the Ban
Posted: Tuesday, September 28, 2004
By Michael Moretti
Rick Naylon is a Buffalo bar owner who can't stand the smoking ban. After his pub and restaurant, Jimmy Mac's, was zapped with a $2,000 fine from the Erie County Health Department for violating the New York State law prohibiting indoor smoking, he said, "They can take me out in handcuffs before I'll pay the fine."
After reportedly losing $10,000 a month for the first eight months in which the ban was in effect, Naylon tried to get around it. In April, he began issuing a waiver for puffing patrons to sign saying the bar had informed them of the law and that they were now aware of it.
The waiver, which also appeared on a three-by-four foot poster in the bar, read, "Unfortunately, smoking tobacco indoors in NYS is illegal. By law, we have to inform you of this law. If you decide to break the law, there is no fine or penalty for the smoker. Please sign below to indicate that we have informed you of this law."
Explains Naylon, "I'm not a part of the New York State police force. Nowhere in the smoking law does it say I am an enforcement agent."
However, according to a county health department spokesman, after a hearing in early September where these tactics were deemed to be in violation of the "basic tenants" of the law, the bar was fined for two separate offenses of indoor smoking witnessed by health department investigators.
Contending that his smoking waivers are legal, Naylon said he is considering suing the county. He also said he might sell the bar, which he has owned for 23 years.
Also in Cigar News:
| 
Cigar Aficionado RSS Feed