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Smoking The Government.

Posted by Staff / December 19, 2005

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I don't loathe smoking as much as I enjoy poking fun at smokers.

Realistically, there has never been a sect of people in modern culture that are seemingly in a constant position to accept good-natured mockery, with the noted exception of people that wear sports jersey's out in public and think they're being fashionable.

So you can imagine my delight when it was announced last winter that Ontario Bars and Restaurants had prohibited the act of smoking on their premises. Not necessarily because - as a frequenter of these establishments - I would be adding years to my life, but because I looked forward to hearing the ensuing arguments against such a by-law.

For the purposes of great comedy, listening to people advocate smoking is right up there with a candidate for the NDP spending money on advertising in Rosedale.

Here is my question: Where the hell was this by-law written? Over drinks at a ripper bar? At an all-inclusive resort in Mexico? Because ever since its inception, establishments like, This Is London have been giving the figurative middle-finger to the Ontario Government and finding laughable loopholes in their by-law.

Saturday night at This Is London a member of our party was - essentially - forced to sign up for a "membership". Seems that This Is London was a "private" club for the evening. Membership was free - how lovely - and it gave everyone at the club the right to smoke like it was their job.

(Just in case anyone was curious, I fully support This Is London and their aptitude for making money. Stupidity should be exploited whenever possible.)

How does this happen? More importantly, are there other loopholes hidden in the laws of this province that I am currently unaware of?

"Son, do you realize that you were going 92 km/h in a school-zone?"

"Yes Officer. Luckily I live in this neighborhood and we have decided to re-adjust the speed limit for its residents to 140 km/h."

"Oh. Well, please try and avoid striking a child. Sorry to have bothered you."

"You should be sorry, not to mention embarrassed."

It just seems completely unbelievable to me that our government could be so shortsighted. When something is announced as a critical piece of legislation, and is later proven to have more faults than your typical offensive set from the Raptors; that just serves to make laughingstocks out of its architects.

If it was so important, it should have been done correctly.

SA

Discussion

25 Comments

Hamish Grant / December 19, 2005 at 03:17 pm
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Umm... you have the right to vote with your feet on this particular issue.
Michael / December 19, 2005 at 03:56 pm
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"More importantly, are there other loopholes hidden in the laws of this province that I am currently unaware of?"

Of course there are loopholes! Beautiful, beautiful loopholes! tax loopholes, crime loopholes, loopholes with their OWN loopholes.

I don't know how this can be so unbelievable. Do you really think it is possible for legislators to come up with every single senario that the human mind can come up with to stump a law? They're only human.
SA / December 19, 2005 at 04:18 pm
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Two things -

Hamish, the post didn't have anything to do with whether or not people should be able to smoke in bars. Even being a non-smoker, I'm more or less indifferent.

Michael, anybody - ANYBODY - could have come up with the scheme that This Is London uses. This is not an exceptionally intelligent broker manipulating his personal expenses and outsmarting the Ontario Government.

This is the Ontario Government building a house without any locks on the doors and expecting not to get robbed. There's a marked difference.

SA
Michael / December 19, 2005 at 04:35 pm
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SA, I don't think your analogy is appropriate. Who is getting robbed? The government because they can't charge clubs an exorbitant fine that didn't exist a year ago? People because they went to a club that is getting away with smoking? The government enacted a law that was not only well meaning but also, in my experience as an avid drinker and partime smoker, pretty successful at getting smokers out of doors. It is not perfect. It's not like it can't change. In Guelph, the anit-smoking by-law (2000) included an exemption for "private clubs". The university pub took full advantage of that loophole. A couple years later it was closed. The "loophole" was specifically designed to apease those old codgers that fought in wars and enjoy smoking with their buddies while they await death. All in all, patience and perspective please. The law is working much better than when there wasn't a law. I find this far from being a grand fuck up.
SA / December 19, 2005 at 05:12 pm
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Good response Michael.

My analogy was used to illustrate that the Ontario government was not particularly prepared - or, thorough - with respect to this issue. I could have compared the by-law situation with someone who plays the accordion on the street, but I don't think it would have fired through the same way. Whatever.

The "butt-out" act as a whole, has been hugely successful. However, that doesn't change the fact that, if so inclined, any bar or club in the city can circumvent the legislation.

This Is London was NOT a private club on Saturday night. It was a club, masquerading as a "private" one to appease the legions of Torontonians that are trying to avoid frost-bite on their index fingers.

It's not a "grand (poop) up", but it also is not a shining example of our government at its best.

Also, that was the first chance that I got to type "poop" in this space. Many thanks.
Rob / December 19, 2005 at 06:53 pm
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Every bar knows about this "loop hole" except that to be a private club there are a lot of requirements that need to be met. (Non of which This is London abides by) Basically as far as I know This is London is only open a couple of days a week for a few hours 10pm - 3am. The fines for smoking are minimal and there are more important issues the police face in the club district (guns) so considering the profit loss equation they are just ignoring the law and hoping an inspector is not going to check at midnight on a friday night...
Michael / December 19, 2005 at 08:09 pm
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I totally wish I had used the word poop.
matt / December 20, 2005 at 03:43 am
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Holes in law are well known everywhere - especially when the law is stupid. See what is going on from time to time with sex industry in your country.

But I DO NOT want to say forbidding smoking is bad - it is VERY GOOD.

As far as I know in most European countries in which there is such a law it protects the workers at first - so how it is in Toronto? Private or not - a barman in such a place inhalates cancerogenous substances even if he/she is not smoking at all. He cannot do much because he works there. And this should be forbidden.

And by the way smoking costs all the society immense amount of money - for curing those idiots who were smoking and got cancer.
Michael / December 20, 2005 at 11:09 am
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What a fantastic point, Matt. Probably the most famous example of a smoking ban in North America is California (or just L.A.?). There, the ban was put in place after barworkers complained about smoke being an avoidable workplace hazard. The ban was about the workers right to not have to pay high health insurance just becuase they work at a bar. That argument is tough to make over here, since we all are covered by the province. So instead the ban is justified with a motherhood argument.
SA / December 20, 2005 at 04:05 pm
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California, has effectively lumped smokers in with communists and people that talk on their cell phones whilst using public transit.

I'm pretty sure you can't even smoke in your car, if you are transporting a child.

Then again, if Arnold was Mayor of Toronto, This Is London would not have tried this stunt in the first place. SA
Michael / December 21, 2005 at 01:02 pm
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It is as if I can predict the future!

In the Globe and Mail:

Court ruling quashes loophole in smoking laws

By OLIVER MOORE

Wednesday, December 21, 2005 Page A15

The city's chief medical officer was hailing a court ruling yesterday that he said eliminated a loophole some bars used to permit smoking.

David McKeown said the Ontario Court decision, which rejected a Toronto pub's attempt to recast itself as a private club, would "improve the health of Toronto residents."

The establishment -- Carlos Murphy, on Kingston Road -- had tried to get around no-smoking laws by claiming membership in a group called the Heritage Bicycle Club, Dr. McKeown said.

But the court found that Carlos Murphy did not meet the qualifications to be exempted as a private club, and fined the owners $4,500.

Bona fide private clubs will be forced to ban smoking by May of next year.
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