In May of 2009, Bev Perdue, Governor of the state of North Caroline, signed into law a smoking ban in bars and restaurants.
From this new smoking ban have come many repercussions for businesses across the state. One story in particular is the plight of Gate City Billiards in the city of Greensboro.
At first, Gate City Billiards did not fall under the guidelines of the smoking ban, as there were two exceptions to the jurisdiction of the new law.
1. Cigar Bars
2. Private clubs, defined as country clubs or other nonprofit groups such as a VFW or an Elks Lodge
When Gate City Billiards applied for their ABC permit with the state of North Carolina, they were considered a 'private club', which in itself carries a number of restrictions. However, this new law omits Gate City as being a private club under the auspices of the new smoking ban, and deems them a public entity, even with a private club permit.
In March of 2010, Gate City Billiards reorganized and created their business entity as a 'country club', and changed their business name to Gate City Billiards Country Club, LLC. Since the law is vague in its definition of a 'private club', to this point outside of a court room determination the city has been treating Gate City Billiards as a public business to include fines on two separate occasions.
Needless to say, the smoking ban has taken its toll on the businesses in Greensboro, and especially Gate City Billiards. As on today, they have chosen to fight this legislation in court as long as they are financially able to do so.
They are also asking for donations to help in this legal fight. More information on where you can help can be found on their website at: Gate City Billiards.
Gate City Billiards has chosen this avenue based on a larger scope than simply a smoking ban. They are looking to argue the merits of public and legislative control over what appears to be a 14th amendment issue for the right of privacy in a designated private setting.
Can Gate City Billiards fight city hall and win? That is not only a question that private businesses desire an answer to, but also states such as Arizona in their battle against the Federal Government.
Comments
Cool article - I like that you remained pretty objective.
As a smoker, I am exercising my right to remain silent.
Non smoker here...I hope Gate City keeps up the fight and wins!!! Too bad North Carolina became a "Nanny State". Business owners have no say so anymore. Good article and you were objective! A rarity now days;)
This is "pretty objective" like Fox News is "Fair and Balanced" Where's evidence the ban "has taken its toll on the businesses in Greensboro??" And most real journalists don't suggest "where you can help" one side over the other. This "news" is more like a press release from Gate City.
Mark -
I write a billiards column, and as such, my slant is towards how this law affects a billiards entity or organization.
I have yet to see one case where pro ban propagandists are required to testify, under oath, of their "expert scientific" claims concerning the hazards of second hand smoke. The reason is that under oath, if you lie, you go to jail. Any law that deprives the owner of a property the right to allow legal behavior on his own property should be required to pass the highest litmus test for truth. And that is in the Courts. If second hand smoke is killing hundreds of thousands of people, it whould be easy for "experts" to produce the evidence of same.
Second hand smoke is not a serious health risk by any stretch of the imagination thus making smoking bans an unjustified assault on business and personal freedoms.
Exposing the second hand smoke scam at triple w fightingback at homestead dot com.
The surgeon general's report of 2006 declared secondhand smoke is a health hazard and elimination of it in public places is the only effective solution. The North Carolina legislature knew the science when they passed the law.
lets ban barbecues, camp fires, would not want the kids to breath that second hand smoke!! or is that the people who pass these laws do not smoke but love to barbecue?.......
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