COMMENTARY:
By Rob Losaker - AFOC Participating Organizer
"The Playing Field Is No Longer Level"
I suppose that I should qualify (or disqualify) myself somewhat before getting into the foundation of my arguments on this issue (the unfairness of the new smoke free laws in Arizona).
I AM a smoker and I certainly enjoy stopping at one of my favorite neighborhood bars for a couple of beers after a long day. And I really DO enjoy having a cigarette AND my beer - together - in one place - at the same time. I DO NOT own a bar or a restaurant. However, I do own my own small business and I face many of the same trials and tribulations of any other small business owner who is simply trying to compete within in their industry, keep the revenue coming in and feed their family.
This commentary is not about my personal irritation of constantly having to excuse myself from one very enjoyable sin to enjoy another very enjoyable (and very legal) sin. What this commentary is about is my extreme displeasure with the unfair competitive burden that the new smoking laws, implemented on May 1, 2007 within the state of Arizona, have place upon a group of small business owners (specifically neighborhood bar and restaurant owners).
To start with, I don't want to hear all of the rhetoric about California and other States that have passed or otherwise enacted similar laws. Arizona is somewhat of a unique State and not really comparable to these other States. And that is if you really believe any of the comparable "surveys" that come out of the groups who vigorously supported these smoking laws in the first place (I would like to know exactly how they came up with their "data").
In Arizona, small neighborhood bars (and restaurants) are nearly as prevalent as convenience stores. On some major street corners you can find as many as five bars (small businesses) within a very short walking distance. You don't find this in most other States. There are soap box platforms that don't like this either (Hmm … underlying talk of killing two birds with one stone?). But that is the atmosphere that was established in Arizona a long, long time ago. It is simply ignorant not to understand this. And any comparison to other States can be night and day based upon this fact alone.
During this process of helping organize AFOC I have had numerous discussions with bar owners and not one of these discussions reflected a positive spin on the effects of these new smoking laws. All of these owners have indicated revenue declines of anywhere from 10 to 60 percent. Most are justifiably upset. Some are downright scared.
"Don't worry. Everyone will get used to it and everything will be fine." Uh Huh. When? And if it isn't? What about the collateral damage in the meantime? Will there be outright casualties? I personally, and many others, are very interested in these answers immediately - not after the fact. Does someone have them?
Of course, there are options for SOME of these business owners to compete. They can add a patio area. Or possibly they were lucky enough to already have one. But what about the large majority of bar and restaurant owners who cannot do this for whatever reason (restrictions, money, etc.)? And, further, why should they be forced to invest additional tens of thousands of dollars to accomplish this? The government already knows how difficult and expensive they have made if for small businesses even for a modest structure. Those who can't are trapped in their investment. And why should those that can, have to?
These small bar and restaurant owners have generally invested their life savings/assets into their business. For many it is their sole livelihood. And the playing field is no longer level! I suspect, both smokers and non-smokers will gravitate towards establishments that can offer smoking areas because bar patrons normally have friends that smoke and bars are supposed to be social experiences - not enjoyed in solitude. Some previous patrons may be staying home more. And I am certain that many are spending less money because they simply don't enjoy their visit as much as before and don't stay as long. These owner's investments have been damaged and devalued under any argument. Why should these owners even be subject to a lower return on their investment that they have worked hard to build - if they do manage to keep the doors open? This IS NOT what they invested hundreds of thousands of dollars into.
Certainly there are facets of these new smoke free laws that have merit. We have to admit that. However, denying an adult the right to make a choice to stop and have an alcoholic beverage (legal - adult only atmosphere) and choose an establishment that has chosen to allow smoking as well is simply going overboard (smoking is also a legal activity). Denying a small bar or restaurant owner the right to make the choice as to allow or not allow smoking in an adult atmosphere is way overboard. And, finally, to completely change the competitive playing field for literally thousands of small business owners within an industry is completely ludicrous and a total compromise of the spirit of fair and free enterprise!
If you voted "yes" for these smoke free laws is this what you intended to accomplish? Well this IS what was accomplished.
If you are one of those that is saying that "everything will be fine in time" - well, I believe I have a long list of establishments that would now be happy to take PRE May 1 value for their businesses from you and let you deal with it. Any takers?
This whole issue needs to be quickly and aggressively re-thought and reformed in the interest of fairness. It truly is not about smoking. It is about freedom of choice and fair, free enterprise.
Let's get the common sense support and the hard and real facts and get it done one way or the other. I believe that even a majority of the pro smoke free platform voters will begin to see the light IF they have any bit of common sense and desire for fairness.
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