NOLA Businesses Revolt

Unlike UK pubs, it looks like NOLA businesses are going to fight:

New Orleans private business owners are not going to take city regulations that could hurt business lying down.

The latest wide-sweeping regulation in the overly regulated Big Easy is a smoking ban which mandates that businesses prohibit smoking in all sections of their business venue and document to the city with complaints if indoor, illegal smoking occurs.

Over 50 business owners in the French Quarter and other parts of the city have signed on to a Civil District Court lawsuit which questions the legality of the business regulation, saying that the smoking ban is too vague and broad.

Mayor Mitch Landrieu and the New Orleans City Council are both called out in the lawsuit as defendants in the case. City Councilwoman Latoya Cantrell pushed the ordinance for months, claiming that the smoking ban was necessary for public health concerns.

The business owners who have decided to fight back include the owners of Harrah’s Casino, Pat O’Brien’s, Lafitte’s Blacksmith Shop, the Tropical Isle and restaurant owners from Broussard’s, Kingfish and Cafe Maspero. The French Quarter Business League has also signed onto the suit against the city.

At the time of a state fiscal crisis, it seems almost absurd that the city of New Orleans, known for its leisure-like drinking and smoking laws, would prop up and enforce such an ordinance.

The lawsuit says that City Council members were never given a fiscal note, which clearly stated how much the city could lose in revenue because of the smoking ban, prior to voting on the issue.

If that is the case, it would begin to make sense as to why the City Council voted unanimously to place more regulations on businesses and bars in a city which is apparently struggling with a fiscal crisis itself.

The business owners involved in this suit make a great case for private business rights. Far too often, major cities run by Democrats force private business to comply with overreaching regulation which takes control out of the hands of business and into the palm of the well-connected.

New Orleans’ smoking ban is no different.

These business owners have a right as private owners to an enterprise which brings in revenue for the city to decide what they allow and what they do not allow in their venues.

The smoking ban was never necessary in the first place, as there were already over 100 venues in the city which banned smoking, including all restaurants, per state law, and many bars and lounges.

Cantrell’s ordinance was never about smoking or “public health” to begin with. From the beginning, it was a power-grab, in order to push a narrative that business does not know what is right for business, but rather the city knows what is right for business.

The city or state never knows what is right for business and individuals. Anytime a major city or a state gets involved in a matter that it could have simply stayed out of, the issue not only gets worse, but the taxpayers ultimately pay the price.

Which is what is happening with this smoking ban.

The ban in general will surely not generate more money for the city, but decrease revenue instead. On top of that, an entire bureaucratic five-step enforcement system has been set up by the city’s health department to “enforce” the smoking ban.

Instead of a quick, simplified and easy way to enforce the ordinance, instead, it is as if the city purposefully sought out a complicated process that will make enforcement of the ordinance a joke.

An entire smoking complaint form process, coupled with mailing it in and then having a health department official come out to the venue to “investigate” complaints of smoking.

Investigate smoking? Are these public health officials going to take fingerprints off cigarette butts on the ground? This all sounds too ridiculous to be discussing, but these are the kinds of questions that have to be asked when a city takes such inane actions.

These business owners’ fight against the city will be long and strenuous, but it is necessary for the sake of business rights and for the sake of calling out a system designed to fail.

Fight on.

Also on NOLA:

Much like “Sin City” Las Vegas, vice is part of the appeal of New Orleans. But whereas Vegas presents a marketed and manufactured experience, New Orleans is authentically libertine. Its laissez-faire attitude toward personal behavior is woven into the fabric of the city, which has thus far resisted the government-mandated lifestyle regulations that have swept into so many other places.

In April, however, New Orleans will become a bit more domesticated. In January, the city council voted to enact a comprehensive ban on smoking and vaping indoors. The proposal ignited debate, but its passage arrived with an air of inevitability. Smoking bans have successfully transitioned from California quirk to the new normal. The American Nonsmokers’ Rights Foundation, which tracks smoking laws, reports that 36 states and nearly 900 cities have laws requiring bars and restaurants to be smoke free.

Adding one more mid-sized city to the list may not seem like a big deal, but banning smoking in New Orleans is a symbolic success for the anti-smoking movement. Public health advocates will soon be able to take a victory lap around newly smoke-free bars in the French Quarter. Others will wistfully lament that the city has given up part of its unique charm, becoming a little more like the rest of the country. “New Orleans is a city where people have been largely free to make their own mistakes, and to many the smoking ban is, so far, the biggest step in a continuing effort to roll back that freedom,” says T. Cole Newton, owner of the New Orleans bar Twelve Mile Limit, although he’s quick to point out that plenty of permissiveness remains….

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About Frank Davis

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16 Responses to NOLA Businesses Revolt

  1. Reinhold says:

    Good luck to New Orleans! Be strong!

    Munich, Germany, (also a laissez-faire city once), failed.
    I saw many a pub or bar die (including my favorite one).
    The flair is gone.

    • beobrigitte says:

      Munich…. *sigh*….. It used to be the place of arts and freedom; when I was a youngster it was the place to be!

      Reinhold, I do like Munich airport, though. There a numerous (!) COMFORTABLE smoking lounges near bars/coffee places. And, getting off a plane and ENJOYING a cigarette BEFORE picking up your luggage is PRICELESS.

      The rest of Munich nowadays is nothing to shout about.

  2. DenisO says:

    Where do cities get this power? They require licences to do business in the city. To do business, you have to APPLY for a licence, thereby giving them jurisdiction over you, so you have to follow their rules. Going “private” probably wouldn’t work because you would have to be not-for-profit to avoid getting a licence, or give-up and move out of the jurisdiction to a less restrictive area.

    The only cure is to replace the elected officials who make the restrictions or change the city’s charter to require a large majority vote to approve certain regulations. NOLA is a traditionally Democratic city, and even though the current U.S. Demorat Party is closer to a Socialist Party, the people keep voting for ANY Demorat is on the ballot. Until they feel real pain, things won’t change.
    As always, anything that cuts tax revenue makes them reconsider this kind of tyranny.
    Regards,

  3. Holy smoke: tobacco plant shows cancer-fighting potential

    Date April 2, 2014

    A molecule found in the tobacco plant could be useful in killing cancerous cells in humans, Australian research has found.

    The molecule, found in the pink and white flowers of the ornamental tobacco plant Nicotiana alata, is a key part of the plant’s natural defence mechanism, allowing it to fight off fungal and bacterial infections.

    After isolating the molecule, known as NaD1, La Trobe University biologists found that it also had the ability to identify and destroy cancer cells while leaving healthy cells unscathed

    http://www.smh.com.au/national/holy-smoke-tobacco-plant-shows-cancerfighting-potential-20140402-35xqm.html

  4. Nazis claim fomaldehyde in cigs used in embalming dead people so lets do the experiment and air it on tv…………….

    take formaldihyde and the amount in one cig………then take that amount and how much it takes to do one embaming process………..answer is likely 100 million cigs or is it 100 billion would have to be smoked and the captured then concentrated to get that amount to embalm a single person……..now that scary BS they said doesnt seem quite so scary ehh! In fact your probably laughing watching some mad tobacco control mad scientist using smoke machines to get up enuf trapped formaldehyde for one embalming procedure. Itd be a great commercial for our side showing 100 million cigs being burned to extract enuf for the job………..

    • We could simply state a person would have to smoke 100 billion cigs in their lifetime to do a self embalming procedure for what is actually used to do the job at death………….

      • Then if a second hand smoker wanted to self embalm theyd need to live for a trillion years in a totally burning field of tobacco to reach the quantity needed for one embalming procedure………

  5. beobrigitte says:

    New Orleans private business owners are not going to take city regulations that could hurt business lying down.

    It’s nice to see businesses haven taken notice what happens in places where a smoking ban has been dictated!!!

    I had crossed New Orleans off my list of places to visit – Nashville is still on my list, I believe there are wonderful places there with ashtrays on the tables for smoking guests.

  6. Smoking Lamp says:

    Supporting resistance to the NOLA smoking ban is essential. The businesses need to know they have support for their fight. Demonstrating that support will take some effort as many of the local NOLA news outlets censor dissent and the Antis are aggressive in posting extremely vile antismoker posts.

  7. Frank Wayne Mills killer over the lit cigarette in the non smoking section in the bar has just been sentenced to 20 years with NO PAROLE……….He must serve 20 consecutive years. His bar is closed and he is being sued for wrongful death now on a 1st degree man-slaughter charge…….

    Shot in the back of the HEAD at distance isn’t self defense………..

    • The Big 3 Media liberal channels in Nashville actually came out and stated it was all over nothing more than a cigarette……….hinting that maybe the laws are ridiculous after all.

      Tone of voice and senserity of the news casters eyes said it all……….

      • http://wkrn.com/2015/04/24/man-convicted-of-wayne-mills-murder-sentenced-to-22-years/

        NASHVILLE, Tenn. (WKRN) – A man convicted of shooting and killing country music singer Wayne Mills at a downtown bar in 2013 was sentenced to 20 years Friday morning.

        Chris Ferrell will serve 100 percent of his sentence, Judge Steve Dozier ruled.

        The sentencing was previously delayed by the defense team for Chris Ferrell so they could produce another witness.

        Earlier this month, Ferrell spoke at a proceeding and expressed his regret surrounding the night of the deadly shooting.

        “I stand here today with the heaviest of hearts, conscious and soul,” he said tearfully. “I will carry the memory of that horrible night with me forever. I’ve wished every minute of every day that I could go back and do it differently. I am so, so sorry for my actions that in an instance changed so many lives forever.”
        Wayne Mills
        Wayne Mills (Courtesy: WayneMillsBand.com)

        Ferrell added that he wish he could “take it all back.”

        Ferrell shot Mills in the back of the head at his now-closed downtown bar after the pair got into an argument after the singer lit a cigarette in the non-smoking bar before breaking a glass and threatening to kill him.

        Ferrell maintains he shot Mills in his own defense because he “feared for his life.”

        A jury found former bar owner Chris Ferrell guilty of second degree murder on March 6.

        • Ferrell maintains he shot Mills in his own defense because he “feared for his life.”

          In the back of the head walking away at range is suddenly self defense…………my ass its murder over a damned cigarette that just a few years before nobody would have thought shit of until the NAZI GOVERNMENTS HATE CAMPAIGN. As the government is as much at fault in Waynes death as the shooter who pushed the hate to such levels in many people………..

        • Frank Davis says:

          Seems like an appropriate sentence.

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