AG files suit against bar owners for violating new smoking ban

The Associated Press

May 14, 2007 - 6:09PM

PHOENIX - Arizona Attorney General Terry Goddard has filed a lawsuit against four Phoenix businesses, accusing them of violating the state's new smoking ban.

In a complaint filed Monday, Goddard asked Maricopa County Superior Court to issue an injunction against the businesses until they come into compliance.

Goddard also wants the businesses and their owners to be fined for the violations. The requested fines range from $6,400 to $41,600.

The voter-approved smoking ban went into effect May 1 and requires bars, restaurants and other indoor public places to prohibit smoking.

Goddard said the businesses he is going after have tried to get around the law by installing vents in walls, replacing windows with vents, and propping open doors. The businesses argue that by doing so, their establishments are no longer enclosed.

"They have been openly ignoring the law, and all of our efforts to get them to play by the rules have fallen flat," Department of Health Services Director Susan Gerard said in a news release.

The businesses are Metro Sportz Bar and Restaurant, Boomerang Bar and Billiards, River City Pockets and the Maverick Saloon. Alfonso Larriva, who owns or helps operate all four businesses, did not immediately return a call for comment Monday.

Earlier this month, Larriva said he doesn't believe he is violating the smoking ban.

"We are going to take this all the way through the system," he said. "Other people are just scared to do it because the fines can be large. But we're not breaking the law, so we're not worried."

Goddard is seeking a $41,600 fine against Larriva.

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My comment disappeared! What's going on?

dingo dango

I still don't understand why this isn't up to the bar owner. I am a non-smoker and always have been. I hate cigarette smoke but I understand that it is a legal product sold in America. If a bar owner chooses to allow smoking in his/her bar...I will choose not to go there. It hardly seems fair to impose this ban by force.

I will not start to go to any bars because they are now smoke free. Suggest removal of this comment

May 14, 2007

best one ever

i hat smoking and think there should be only bars that are alould to be smoking. I just woun'd go there Suggest removal of this comment

May 14, 2007

Dennis

LOL - Just because a product is legal and for sale does not mean EVERYONE has to be forced to endure it. Benzene was legal and for sale too, DDT, Freon. It is bad enough that we non-smokers pay higher medical premiums for all the people who choose to putrify and abuse their bodies by overeating, smoking, taking drugs (legal or otherwise). Its HIGH TIME smoking be banned. I for one can FINALLy go into a bar and enjoy a beer and breathe without gagging on the acrid stench of smoke. For once I can come out of a bar or restaurant without needing a lung transplant or a change of clothes. I hate laws and liberalism but for once a good law was signed. I have nothing against smokers - smoke anything you want, just don't do it around ME. DR Suggest removal of this comment

May 14, 2007

If Only...

If only they'd ban smoking in casinos; gambling is not enjoyable when you're surrounded by smokers that are disrespectful to the casino patrons that don't smoke. I guess they insist on blowing smoke in non-smoker's faces because they've probably spent their last dime gambling & they don't have money left to purchase cigarettes (hense the reason they need to "bum a cigarette" from another fellow smoker). It's so gross! Suggest removal of this comment

May 14, 2007

Liberty N. Justice

Benzene and freon were NEVER sold at bars. If the government is going to restrict usage of an item, should it not also restrict its sale? The knee-jerk reactions of government today overwhelm me with their awe-inspiring stupidity. Suggest removal of this comment

May 15, 2007

aztec

My take on Alfonso Larriva is that he is a hero.

I wish he would take a stand on the enforcement aspect.No Owner,manager,paid worker,or patron of a bar should be required by law to tell a customer they must leave,put out butt,or not smoke,or report a smoker.There might be a smoker who is offended by these tactics and the bar people know that they may be putting their lives in jeopardy by infuriating a smoker who is about to crack.

It is the States responsibility to enforce the law,not the peoples.
If Larriva takes this stand,I can't see how they could fine him.He is not an enforcement officer.He should have an unknown outside the bar giving out free 33 cent ashtrays,and remove his own,then the enforcement issue becomes paramount.It is unconstitutional to have business owners and workers required to educate,inform,scold,threaten smokers,and bring possible harm on themselves,just to appease the States idiotic smoking ban. The only responsibility of the bar owner,the way I see it,is to remove ashtrays and post no smoking signs.

After the true definition of an enclosed area is validated at the Supreme Court level ,he can start dealing with the Unconstitutionality of he and his help being bullied into doing the State's dirty work.

Join the Arizona Group fighting the ban:
http://www.aaspaorg.org

and
http://www.smokinglobby.com

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May 16, 2007

Gregory

I wish they would challenge the constitutionality of these smoking bans in total.

Show how the junk science they used doesn't even bring the hazard up to a high enough level to essentially "take" a business.

All these smoke complainers would not ever encounter smoke if they just did not enter a smoking-permitted building - period! Suggest removal of this comment

May 16, 2007

Smoke is Smoke

This is not about Health...if it was, they would ban BBQ and all grilling of food

This is not about Health... if it was, they would ban Fireplaces.

This is not about health... if it was, they would ban Diesel trucks and the average car miles away from any population.

This is not about health... if it was, they would ban candles (look it up)

The same 'pseudo science' is used to 'prove' all the above is just and even more harmful than cigarettes, the legislature just hasn't gotten around to it yet.
Take back your Rights before it's too late for you.

This is not about Smoking

Check out: Forces.org Suggest removal of this comment