Full Forecaste

Home > Breaking News

Olympia tavern challenges state smoking ban

Monday, May 12, 2008 8:34 AM PDT

By The Associated Press

Font Size:

OLYMPIA — A hearing scheduled Tuesday in Thurston County Superior Court may determine whether an Olympia tavern is violating the state smoking ban.

The owner of Frankie's Sports Bar & Grill, Frank Schnarrs, could face contempt of court charges. He says the second floor of his tavern is a smoke-friendly, members-only club, called Friends of Frankie's.

The hearing has been continued to give the prosecutor time to show evidence that Schnarrs is continuing to violate the law.

The criminal contempt charges could carry fines of up to $5,000 or a year in county jail, he said.

Schnarrs was joined at Friday's hearing by about 20 supporters wearing lime-green T-shirts saying: We Stand Beside You Frankie and Fight for Your Rights.

Previous Next

You can poison yourself wrote on May 12, 2008 8:45 AM:

" You can poison yourself, but smoking inside is poisoning everone, that's illegal. Ignoring the law makes you a criminal not robin hood. "

somedude wrote on May 12, 2008 8:52 AM:

" Good luck man!!! I am not a smoker but I will not trample on the right's of another! If you don't want to smell second hand smoke you have the "right" to get up and go somewhere else and not put yourself around it! As far as banning smoking the way they have goes against our Right's and in my mind is an illegal law! Allowing them to take our right's away no matter "How it will protects us" must stop! Before you know it we won't have any left at all! "

choice wrote on May 12, 2008 9:00 AM:

" You have the choice to go in or not. The choice to work there or not. It's your choice to make but don't infringe on my choice to be there. "

Amazed By Ignorance wrote on May 12, 2008 9:20 AM:

" Go Frankies, Go! "

Good Going wrote on May 12, 2008 9:28 AM:

" Go Frankie!!!! The way the law reads as long as his paid staff does NOT enter that area and he runs it with all un paid (not even any tips) help he is with-in the law the way it reads (it all interpretation). I say go get em at there own game!!! If you do not want to be in the smoke then do not go to his "private" area that is smoke friendly!!!

It is to bad that all the folks of Washington have done this. It is hurting many pubs, lounges etc. because the folks frequenting theser places now only stay for 1 or 2 adult beverages or do not even drink an adult beverage. These hyave always been places you could choose or not choose to go, just like you can choose or not choose to attend church. However the "smokers" that attend church (and yes there are many out there) have always been polite and done so out doors away from everyone else. But they did not go and have a law that would allow them to smoke in the church.

So these cig taxes go to help with child and low income health care. So whats next a .10 cent tax on all fast food to go to care for smokers health needs!!!! Same stupid concept!!! "

freedom to smoke wrote on May 12, 2008 9:38 AM:

" I'm not a smoker, but if he wants a members only room where people can smoke, whats wrong with that? I won't be going but who am I to say others can't? "

Poison wrote on May 12, 2008 9:43 AM:

" Drinking Alcohol is "Poisoning Yourself"; but we choose to ignore that. "

RE Choice wrote on May 12, 2008 9:55 AM:

" We are a country of laws determined by the majority. Sorry you are in the minority on this but accept the fact. You do not have a right to poison the air that I breathe and as a member of the majority I have a right to go anyplace that is open to the public. So take your smoking and go die someplace else. This law will stand. This owner is in violation of this law, and I say prosecute him to the fullest extent just to teach others that the laws that more than 60 percent of the voters approve are there to be enforced. "

Non-smoker wrote on May 12, 2008 9:56 AM:

" I don't smoke, I hate the smell of smoke and the smell of smokers. That being said, if you know people are smoking in a certain tavern, why would you go in there? This has gone too far. What is next, telling people they can't smoke in their car because the cars traveling behind them can smell the smoke?
Let them smoke in their smokers tavern, it's better than having them milling around outside smoking as we non-smokers pass by. If the government was really serious about their war on tobacco, they would outlaw it. But that would mean they couldn't tax it anymore. "

smoke stick wrote on May 12, 2008 10:26 AM:

" For all those smokers! Would you allow me to carry a small smoldering stick into a restaurant? Not a sig, just a wad of rolled damp paper with chemicals added that sends smoke into the air? Probably not. Would Frankie let me do that in his Private area? "

No wonder this area is so far behind wrote on May 12, 2008 10:58 AM:

" We rank highest in the state smoking rate, yet all these "non-smokers" (which I honest doubt) are for freedumb. Well dumb is right. Your right to swing your fist stops at some elses nose, at least according to Abe Lincoln. Your right to smoke ends at my nose. You could never administer smokers and non-smokers establishments, besides it is unfair to employees. Now you can say they shouldn't work there but you take the job you can find often and employees should have to pick between health and jobs. Welcome to the 21st century Cowlitz County. It's hard to have ANY sympathy for smokers. Especially when they pull stunts like this in the article. I'd ban it at Lake Sacajewea, I don't walk the lake to breath stupid ignorant people's smoke. But I don't want to breath it anywhere, ever. "

geez wrote on May 12, 2008 11:10 AM:

" If Friends of Frankies 2nd floor club does not have any employees, he may have a legitimate case. The smoking ban applies to private clubs but only if they have employees. "

Hide Behind wrote on May 12, 2008 11:37 AM:

" I am tired of being legally forced to not be able to associate during my leisure time with those that I may not wish to be with and who treat me as a second class citizen. I wish to be free to associate with others who hold some of same interest while enjoying legal substances in a chosen environment.I care not what other practices they, non-smokers, perform wether it be sexual,clothing, religious, choice of autos or how they make money and act in private. Nor do I attemtp to infringe upon their abilities to do so by passages of laws.
Employers have right to demand non-smoking upon property and I have he right to tell them P.O. and work elsewhere. By same token if a person choses work smoking establishment what right or buisness is it of yours. On If I pay an extra fee for that enjoyment in a private setting no one is forcing you to join our group so just stay away and associate with like minds. I know most of you have a hard enough time running your own lives so why waste it interfering in mine or others. If you by chance have so much extra care then spend it upon those who need it such as poor or homeless while thowe of us still within productive society can do just fine without your personal viewpoints, fears and interfereances. You may enjoy a life of regimentation , I do not. "

Killing people wrote on May 12, 2008 1:21 PM:

" The thing that gets me is the ignorance people have with smoking. 2nd hand smoking kills more people then any other drug/crime put together and is 100% preventable!! People are killing everyone with their smoking and breathing it in when they don't want too. Smokers may be upset now that they have to stand 25 feet away from any vent/window/door, but when they all get sick and start to die, they tend to "Blame the media/public" for their disese. If they choose to smoke and slowly kill themselves, please do it in your own homes, and away from childrens lungs and even their pets. This is a deadly drug that kills and not one person who smokes truely understands the harms it holds on one person. Who likes to have a small cig control your life. And if you truly feel your not being controled by the cig, then put it away for a day and see who is controlling who! These are addicts the state is dealing with! "

RE Hide behind wrote on May 12, 2008 2:05 PM:

" I am tired of hearing that you a minority think that you are so special you can overrule what the majority thinks is right. You LOST an election, 62-38 percent. That isn't even close. I am so tired of your claim that your right is being taken away. Think of all the years that my right to breathe clean air, not have to look at or smell ash trays and not have to step on cigarette butts that you are too lazy to throw into a receptible. In many way, you made your grave on this issue. Now lie down, die and let the majority rule the world. And please when they diagnose your cancer, don't fight death and drive up my medical insurance bills. "

A public health servant wrote on May 12, 2008 2:50 PM:

" I am willing to listen and understand the concerns of those who use commercial tobacco. Some of the comments have merit. But I just want to remind people why this law is constitutionally acceptable. It has nothing to do with the fact that an overwhelming majority approved it. Majorities have approved lots of unconstitutional laws in our nation's history. It is not because cigarette smoke is offensive to non-smokers. Lots of legal things smell bad. Plain and simple, this is one of those cases where the government agrees that smoking commercial tobacco is unhealthy and that breathing in secondhand smoke is too. Further, the government's job to protect its citizens in this case outweighs the individual's rights. The Clean Indoor Air Act, aka the Smoking in Public Places Law, protects the health of employees. One reason why the negative impact on business' profits does not allow them to claim the law's unconstitutionality is because there is no evidence to support negative impact. In other municipalities where a ban on smoking exists, businesses found that over time, their profits increased - not decreased.

Where I feel some level of sympathy for the tobacco-using population is that, just like many minority populations, there is a cultural acceptance of demonizing tobacco-users. It is socially acceptable to make smokers the butts of jokes (no pun intended). It is understandable that smokers feel like their opinions do not matter. "

A public health servant wrote on May 12, 2008 2:53 PM:

" One other comment . . . Commercial tobacco is legal. However, if it had never been invented until recently, given all its negative impacts on people's health, would probably not be legalized today. It is easy for tobacco prevention specialists to argue their case. There simply is virtually no redeeming quality of tobacco - except that it is legal. "

RE somedude wrote on May 13, 2008 5:33 AM:

" Smokers also have the right to go elsewhere to smoke considering the majority doesn't want them around. "

Just Me wrote on May 13, 2008 6:14 AM:

" Who is going to start one here? I may take up smoking just to support them!

The rest of you do gooders are NOT invited!

I would be willing to pay a small fee to use such a "club". "

dogooders wrote on May 13, 2008 8:34 AM:

" Beware, the do gooders will be after your beer next. Do you like having your freedom taken away.? Believe me, the dogooders will help. "

Hide Behind wrote on May 13, 2008 9:02 AM:

" Did I say I smoke? Constitution? Who you kidding; smoking and so many laws are far outside of constitution. The majority has nothing to do with Federal Constitution.The greates cause of cancer in the US is not cigarettes! Greatest cause of lung, brain or heart disease is not cigarettes; the greatest cause of cancers is pollutants that are legally spilled into the atmosphere by our lifestyles and needs for luxury items. Greatest polluter in all of US is the one most sacrosanct, our protectors, our heros of freedom , the US military. No soil, river, water or mothers milk in US does not have harmfull and deadly carcinogens in the it. You hide from arabs behind carrot sticks and roddie bushes, boggyman on every street corner and finally you get together and ban your fellow americans. Why, because you can if you are a majority. Yet every day numbers of babies dying at birth increase; more autism more asthma, more infertility; more birth defects and these can all be attributed to cigarettes? Who you kidding? When I smoke I respect others space, not because of laws but as a coutesy. A courtesy that each and every day shows is misplaced as it is towards mostly they who live in fear and enjoy exploiting the smallest numbers in society in order to increase their own feelings of self worth. All the while they are but pawns and enablers to the real mass killers,their own government and greed. "

Right on. wrote on May 13, 2008 10:05 AM:

" The law states that you cannot smoke in a public area. If this is a "member's only" room, it's NOT considered a public area. Therefore it is a PRIVATE gathering. The anti smoking law is probably THE worst law that the state of Washington has. The only part of this law that I semi-agree with is the fact of not smoking in restaurants, but I still think it's crap. People should be able to smoke in bars. Alcohol is just as toxic to your body as anything in cigarettes, so can someone else see the irony? I LOVE how non-smokers are even behind smokers when it comes to our own freedom. Sure, the original vote was 68-32, but a RE-vote I'm sure would show how people truthfully feel about this law after a couple years of it being in effect. It's unconstitutional, and against our rights. Might as well put African-Americans in the back of the bus again. Good luck Frankie, I stand behind you. "

Ficotine Nit wrote on May 13, 2008 10:09 AM:

" I believe there is also a "smoking club" tavern in Vancouver, WA, near the area where the old drive-in theater was. I smoked for 15 years, but have not had a cigarette since 1999. I feel and smell much better than I ever did when I was smoking. That being said, these people who desire to continue this deadly habit have every right to continue, and the owners of establishments that create an environment for smokers that does not create health hazards for non-smoking patrons, have every right to run their businesses as they see fit, without the interference of state legislators and law enforcement. This is NOT NAZI GERMANY!!! If someone does not want to smell the smoke and feel the effects of second-hand smoke, they can frequent other establishments. It's the same as television. If something offends you, change the channel! Reduce the size of government, and get their fingers out of areas where they have no business interfering. This is the USA, a free country. The Constitution of the USA guarantees that our rights will continue to be our rights as long as we don't infringe upon the rights of others. Operating an private club establishment that caters to smokers ensures that non-smokers rights are not infringed upon. That being said, every state that has and enforces a smoking ban in places of business not belonging to said state, is in blatant violation of the Constitution of the USA. "

Non-smoking old guy wrote on May 13, 2008 11:15 AM:

" I remember people smoking in public places such as grocery stores, doctor's offices, theaters, restaurants(remember people using their dirty dishes as ash-trays?) I remember people smoking on airplanes, smoke being so thick in taverns that you couldn't see from one end of the room to the other. We have come a long way since then. Thank god we don't have to wear the odor from someone else's habit on our clothes and hair anymore. Now that I have said that, I simply can't understand what the problem is with designating an establishment as "Smoker-Friendly" and taking precautions as to not pollute neighboring establishment's air. You people have taken a good law and pushed it too far. People will continue to smoke as long as they sell them, and then they will buy them illegally. Honestly, alcohol is far worse than tobacco. "

Alex wrote on May 13, 2008 12:51 PM:

" State Smoking Ban-

Public Places- Paid for with Public Money. At Joe’s Bar & Grill, Joe should decide if smoking is OK.

Tell the guys at the VFW who took hot lead in WWII, Korea, Vietnam and Iraq that secondhand smoke is too dangerous and they must to go outside and smoke no less than 25 feet from their Post.

Most people seem to believe in freedom- in many cases- just not outside of their own personal choices.

We know that drinking is not for everyone.

We have liquor licenses to maintain individual choice for private business operators and customers in this area.

Why not have a similar plan for smoking?

A percentage of owners could obtain a license to operate a private business where customers and employees could smoke indoors.

We are working hard to spread freedom across the globe - maybe we should take some of the filters off of freedom here at home. Those filters weren’t put in place by terrorists or foreign governments.

Peaceable, responsible, adult choices should be left to individuals to make.

Imagine people deciding how to run their own lives and being OK with others deciding how to run theirs.

Freedom is for everyone. Deciding how to act on that freedom should not require conformity to a “one size fits all” government mandate.

If tobacco is really so evil, maybe the government should not profit from it.

Alex

Port Hadlock
"

We need an Auto Ban wrote on May 13, 2008 2:00 PM:

" Exhaust kills too! "

The sheeple are alive and well.. wrote on May 13, 2008 8:44 PM:

" more laws, and more laws...."We the sheeple have spoken!!!" And now with transfats being banned in many places, you Sheeple are too stupid to see it was not just going to stop with smoking bans...or transfat bans... "

Top Jobs
Top Garage Sales
Top Rentals