Omaha/Nebraska Smoking Ban

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Big E
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Post by Big E »

Omababe wrote:I would have sworn that Iowa had some kind of workplace regulation.

I guess not, huh?
This is simply speculation, but I've noticed that these charts and maps tend to play pretty loosey-goosey on what is a "workplace". Most states have "workplace" ordinances, defining "workplace" as some kind of office job, but not including bars/restaurants. It looks like this map is referring to "workplace" as both offices and bars/restaurants.

Edit: Well, now that I look again, I have no idea what this chart means. I thought California had the most aggressively restrictive statewide bans in the country, but this chart seems to imply otherwise. I'm just happy that, according to that map, Nebraska is likely to become a "blue" state soon! :coolwoot: Never thought I'd say that!

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Brad
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Post by Brad »

You know, I took a mental note tonight. When I am not drawing dirt for a living, I work at a bar on the weekend. Its a smoking bar in a Omaha suburb that has not laws. When I first started there 8 years ago, I would say that 90% of the customers smoked. Tonight, at the actual bar, not the whole place I bet it was close to only 30% of the crowd was smoking. The shocking group of smokers these days is young women. I bet the 18-25 female group is the fastest growing group of smokers.
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Post by Uffda »

I stopped in Grandmother's last night -- 84 & L -- they went non smoking as of Jan 1 (although they always have had a very good air filtering system) -- there were more people in there than I had seen in the last month and a half. Also was told they had a good crowd on Friday night.
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Post by Brad »

Whats the latest Big E.
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Big E
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Post by Big E »

Haven't heard a peep. Not sure the bill has come up in the schedule for anything yet... which surprises me, actually. I would figure a holdover would be given priority?

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Big E
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Post by Big E »

Grand Island ban in front of city council tonight:

http://www.action3news.com/Global/story.asp?S=7859557
The Grand Island City Council is considering a citywide ban on smoking at restaurants, businesses and other workplaces.

If approved at Tuesday night's meeting, the proposal would go on the May 13th ballot for a decision by voters.

The proposal would ban smoking in enclosed public places and, outside, within 10 feet of an exit.

City Councilwoman Joyce Haase says she is tired of waiting for the Legislature to act.
Amen, sister.

In my opinion, this is the best way to enact one of these. Put a full and total ban on the ballot for the people to decide, not this mamby-pamby backroom good ol' boy lophole BS that went on in Lincoln and Omaha. It's the way the state law should be decided, too. Either that or put all the smokers on a train to Council Bluffs.

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Post by Brad »

The Bellevue ban did not pass last night, but the state one will take care of that in a few weeks.
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Big E
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Post by Big E »

I missed that one:

http://www.wowt.com/home/headlines/15530292.html

Another pansy city council not wanting to upset their Keno and liquor and Powerball campaign donations. You know, the Good Life and Nebraska Values and such.

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Post by NDizona »

First - no drinking past 1 am... (not a big deal to me anymore)

Second - no gambling on this side of the river (of course you can go to the other side and support Council Bluffs)

Now - you can't even get a permit to allow people to smoke at your restaurant...

Where does it end?
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Post by Big E »

NDizona wrote:First - no drinking past 1 am... (not a big deal to me anymore)
Not true. No selling of alcohol after 1 AM. Where is the prohibition of drinking? (I disagree with the 1 AM law as well, but it certainly doesn't prohibit drinking.)
NDizona wrote:Second - no gambling on this side of the river (of course you can go to the other side and support Council Bluffs)
Powerball, pull tabs (I unlearned the term "pickles" when I moved to Minnesota), Keno, Horsemen's Park... (This is some of the most hypocritical BS I've ever seen from a state legislature, but that's another argument entirely.)
NDizona wrote:Now - you can't even get a permit to allow people to smoke at your restaurant...
You can't get a permit to wipe poop in raw chicken in a restaurant either, which I suppose is somehow interfering with your rights as a business owner.

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Post by the1wags »

The difference is that any place selling chicken poop pie would quickly find itself out of business even if it were legal and (like it or not) there is a segment of the population that wants to kill themselves with smoking. I'm glad I've knocked off the smoking when I drink, and honestly having smoke free places to go like Urban and Myth have helped a bunch with that. But I still don't like the idea of forcing bans on business owners. Or individuals for that matter.
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Post by Omababe »

NDizona wrote:Second - no gambling on this side of the river (of course you can go to the other side and support Council Bluffs)
Horses?

Lottery?

Keno?

They just seem to have the idea that machines and tables are sooooo much more evil than the above, for some reason!
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Post by NDizona »

Horses?

Lottery?

Keno?
I have known lots of people to have gambling addictions playing the the casino instead of spending time/money on their family. I have never personally known anyone to lose everything they have to keno or the lottery. If the problem exists - I am oblivious to it.

With that said - its hypocritical for us to ban one form of gambling while allowing others - and WE HAVE ALL OF THE PROBLEMS WITH IT AND NONE OF THE BENEFIT. (unless supporting our neighbors to the east is a benefit). They need better schools than we do I guess.
The difference is that any place selling chicken poop pie would quickly find itself out of business even if it were legal and (like it or not) there is a segment of the population that wants to kill themselves with smoking. I'm glad I've knocked off the smoking when I drink, and honestly having smoke free places to go like Urban and Myth have helped a bunch with that. But I still don't like the idea of forcing bans on business owners. Or individuals for that matter.
That was perfect...
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Big E
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Post by Big E »

the1wags wrote:The difference is that any place selling chicken poop pie would quickly find itself out of business even if it were legal and (like it or not) there is a segment of the population that wants to kill themselves with smoking. I'm glad I've knocked off the smoking when I drink, and honestly having smoke free places to go like Urban and Myth have helped a bunch with that. But I still don't like the idea of forcing bans on business owners. Or individuals for that matter.
Josh, you made my argument for me. Smoking bans are 100% about public (not private) health, as are health codes that prevent the spread of e coli, salmonella and hepatitis. They are not about morals or status or the government trying to weasel their way into private businesses. It's like trying to compare DUI laws to Prohibition - they're not even remotely the same thing.

I don't like the idea of forcing bans on people or businesses either. Let people kill themselves with smoking. I don't care. Unfortunately, when an activity has that adverse an affect on others, the bans are going to happen.

Although chicken poop pie does have a nice alliteration to it...

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Post by the1wags »

You'd still have a choice in not going to a bar that allowed smoking, just as you'd choose (I hope :;): ) to not eat chicken poop pie. Don't get me wrong, I'm fine and dandy with places being non smoking, as I mentioned frequenting Urban and Myth. But I do believe that people who do want to smoke (and especially owners) should also be able to also make that choice. heck, put a big fat surgeon general smoking warning on the front door of the smoking bars and make them pay a premium on their liquor license for all I care, but banning things outright is not the way to go IMO.
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Post by Omababe »

Big E wrote:Although chicken poop pie does have a nice alliteration to it...
LOL, just watch somebody chime in and say that Chicken Poop Pie is a delicacy in some out-of-the-way third-world country!

Maybe they will use it as an immunity challenge in Survivor! :)
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Big E
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Post by Big E »

the1wags wrote:but banning things outright is not the way to go IMO.
I certainly respect your opinion, Wags. It just happens to be wrong. :;): (anyway, we've all been down this road a bazillion times so I'm done :deadhorse: ing.)
Omababe wrote:LOL, just watch somebody chime in and say that Chicken Poop Pie is a delicacy in some out-of-the-way third-world country!
I present poop coffee:

http://en.wikipedia.org/wiki/Kopi_Luwak

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Post by Brad »

Debate for the state wide ban should start this afternoon.
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Post by Omababe »

Big E wrote:I present poop coffee:

http://en.wikipedia.org/wiki/Kopi_Luwak
Hey, I was kidding there! (It must be true, it's in Wikipedia!) :)

Ok everbody, in unison now ... EEEEEeeeewwwwwww!
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Post by Big E »

That's actually legitimate. It's the most expensive coffee in the world, IIRC.

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Post by joeglow »

the1wags wrote:You'd still have a choice in not going to a bar that allowed smoking, just as you'd choose (I hope :;): ) to not eat chicken poop pie. Don't get me wrong, I'm fine and dandy with places being non smoking, as I mentioned frequenting Urban and Myth. But I do believe that people who do want to smoke (and especially owners) should also be able to also make that choice. heck, put a big fat surgeon general smoking warning on the front door of the smoking bars and make them pay a premium on their liquor license for all I care, but banning things outright is not the way to go IMO.
Some people live under the delusion that they have a right to go into ANY private business they want and can demand said business cater to them. Unfortunately, in looking at the society as a whole, you can see this self-centered thinking has infected every facet of life in the US.
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Post by Big E »

joeglow wrote:Some people live under the delusion that they have a right to go into ANY private business they want and can demand said business cater to them. Unfortunately, in looking at the society as a whole, you can see this self-centered thinking has infected every facet of life in the US.
Yeah, darn those pesky Americans with Disabilities and their stupid Acts and wheelchairs. That arrogant Superman finally got what was coming to him.

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Post by NDizona »

Should Cigarros be shut down?
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Post by Big E »

NDizona wrote:Should Cigarros be shut down?
1) A smoking ban doesn't shut Cigarro's down any more than last call keeps people from drinking past 1 AM. No one is stopping anyone from selling cigars.

2) I think exemptions have been made in the past for businesses that are primarily tobacco product sales outlets (like that little shop near 11th and Howard). Frankly, I don't have a problem with that, other than the "Hey, why not me, too?!?" lobby that inevitably springs up. I would, however, be curious to know what the ratio of Cigarro'ses's(?) sales of tobacco:alcohol are. My guess is the stogies aren't paying the rent.

What really needs to happen? The federal govt needs to grow a pair and put the cigar/cigarette industry under the jurisdiction of the FDA. Problem solved instantly.

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Post by nativeomahan »

Big E wrote:
joeglow wrote:Some people live under the delusion that they have a right to go into ANY private business they want and can demand said business cater to them. Unfortunately, in looking at the society as a whole, you can see this self-centered thinking has infected every facet of life in the US.
Yeah, darn those pesky Americans with Disabilities and their stupid Acts and wheelchairs. That arrogant Superman finally got what was coming to him.

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Post by Coyote »

Senators Delay Final Vote On Statewide Smoking Ban
KETV wrote:A strict, statewide smoking ban that cities couldn't avoid was considered by state lawmakers on Wednesday, but a final vote was put on hold. The current bill would allow cities to opt out of its provisions. The bill was delayed so senators could debate an amendment that would give cities no leeway under the law, which would ban smoking in workplaces including bars and restaurants.
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Post by Big E »

Bill passes "key" vote: (posted online late Wednesday for Thursday's paper)

http://www.omaha.com/index.php?u_page=2 ... d=10257976
Omaha.com wrote:A bill to ban smoking in all Nebraska public buildings and workplaces appears on track to survive a key vote today, which would put it in position to pass this year, according to the bill's chief sponsor.

"It's close but it's possible, and I'm optimistic," State Sen. Joel Johnson of Kearney said after the Legislature spent more than two hours Wednesday debating Legislative Bill 395.

Lawmakers adjourned before voting on whether the bill should allow local communities to opt out of a statewide smoking ban.

But Johnson scored a 31-10 victory on a procedural motion that could foreshadow the vote on the opt-out provision.
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Post by Brad »

As much as I don't like business owners being told what to do,I do support this bill.

As a bartender I was totally against this bill in the past but now I support it. It has been proven over and over again that it does not effect business, however it its full of loopholes again... I don't support it.
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Post by Big E »

Apparently not in Minnesota:

http://www.startribune.com/lifestyle/ho ... 17577.html
StarTribune.com wrote:Residents at La Rive in Minneapolis voted to make their building smoke-free. It brings the fight over smoking bans into the living room.
I'm not making it up:
StarTribune.com wrote:Where does it stop?" he said. "And now you've just narrowed your clientele, especially when you compare it to other buildings that allow large pets, for example, and don't have as many restrictions."
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Post by Big E »

Legislature advances statewide smoking ban

http://www.omaha.com/index.php?u_page=2 ... d=10258691
Omaha.com wrote:By a vote of 33-13, lawmakers stripped out a provision in Legislative Bill 395 that would have allowed local communities to opt out of the smoking ban.

LB 395 now awaits a vote on final passage. If passed and signed into law by Gov. Dave Heineman, the ban would take effect on June 1, 2009.
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Post by Brad »

What do you think they passed since there is no link.....

Loophole or no loophole?
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Post by Brad »

Suprise Suprise!

Nebraska Legislature advances statewide smoking
LINCOLN — A ban on smoking in public buildings and workplaces should apply across the state, the Nebraska Legislature decided today.

By a vote of 33-13, lawmakers stripped out a provision in Legislative Bill 395 that would have allowed local communities to opt out of the smoking ban.

They also rejected an amendment that would have allowed smoking to continue at Horsemen’s Park in Omaha.
LB 395 now awaits a vote on final passage. If passed and signed into law by Gov. Dave Heineman, the ban would take effect on June 1, 2009.

Before that final vote, opponents of LB 395 will have a chance to try putting the opt-out back in. State Sen. Phil Erdman of Bayard said he has an amendment that would allow counties to decide whether to keep the ban or not.
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Post by joeglow »

I take it we can no longer discuss the merits of laws being discussed for our city???
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Post by Big E »

Woman dies in Auburn apartment fire

http://www.omaha.com/index.php?u_page=2 ... d=10264339
omaha.com wrote:A woman who used an oxygen tank was killed in an early morning apartment fire here.

The owner of the South Glen Apartments said he was told by investigators that they suspect the fire was smoking-related.

[blahblahblah]

Kaci Jones, a resident of the apartments, said her 12-year-old brother Jayden Disher and babysitter Jeremy Harder had to jump out a second-story window to escape the flames.

Jones, who was at work when the fire broke out about 12:45 a.m.,said Harder opened the apartment door and saw that smoke had filled a stairway. He then awakened the boy and the two jumped to safety.

"He saved my little brother's life,'' said Jones, who works as a dispatcher for the Johnson County Sheriff's Office in Tecumseh.
Why residents should be able to say whether or not smoking is allowed in a building with multiple residences.

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Post by Ingersoll1978 »

Big E wrote:Why residents should be able to say whether or not smoking is allowed in a building with multiple residences.

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They already do by choosing to live there or not.
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Post by Big E »

Ingersoll1978 wrote:
Big E wrote:Why residents should be able to say whether or not smoking is allowed in a building with multiple residences.

-Big E
They already do by choosing to live there or not.
So if I'm blasting my music through my wall into your apartment or condo, you would solve the problem by moving out? How about if I stand on my balcony and pee down to your balcony?

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Post by Ingersoll1978 »

You could do so...that's your choice. There may be consequences though, as you would may be violating laws (public exposure) or association rules (blasting music).

Smoking isn't illegal. If you want to live in a non-smoking campus environment, you should ask if their are restrictions in place BEFORE moving in. Many apartment managers won't rent to smokers (mainly because of the smoke damage and fire hazards). If it's important to you, I'd hope you would conduct proper research before moving in and THEN having a problem.
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Post by Big E »

There may be consequences though, as you would may be violating laws (public exposure) or association rules (blasting music).
This is my entire point. Why is it that smoking gets the free pass? How many apartment fires and resulting deaths have been caused by someone playing music too loudly? Why is smoking held up as the last bastion of freedom from the oppressive Ministry of Justice?

I can go to my HOA if someone's music or pet is bothering me. I can call the police if someone is peeing on my balcony. There are 10,000 things I can have remedied through proper channels, but holy |expletive| all that is holy under the stars how dare I want the ability to prevent somoene else's nasty-|expletive| cancer causing |expletive| from filling up my condo.

Personal freedoms, my left cupcake. People are just zombie crazed mindless addicts (says the former zombie crazed mindless addict).

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Post by Uffda »

Someone is trying to "water it down"
Senator Karpisek filed the following amendment to LB395:
AM1938
(Amendments to Second Final Reading copy)
1 1. Insert the following section:
2 Sec. 16. The proprietor of an establishment having a
3 license issued under the Nebraska Liquor Control Act may designate
4 smoking areas in such establishment and allow smoking in such
5 designated smoking areas during times when no prepared foods are
6 being served in the establishment. The duties and restrictions of
7 sections 71-5708 and 71-5709, as such sections existed prior to the
8 operative date of this act, shall apply to such proprietor.
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Post by Brad »

I HATE loopholes. I want all or none!