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Strong Winds This Morning
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Bar Continues To Fight Smoking Ban Save Email Print
Reporter: Ashley Fielder
Email Address: afielder@kktv11news.com

A | A | A

Last July, bars and restaurants across the state were ordered to ban all smoking, now several Colorado Springs bar owners are getting ready to fight back.

Smokers have been lighting up at Murry Street Darts since the smoking ban took effect, and owner Bruce Hicks says they will continue to do so.

“They can put me out of business, or I can fight it, I can fight it and stay in business,” said Hicks.

Hicks received 22 smoking citations back in March. Wednesday night cops stormed his bar once again, citing not only him, but a customer also.

“I was nervous, the way they approached me, it was very upsetting,” said Ackerman.

Diane Ackerman says she was not even smoking at the time of the raid, and plans to fight the ticket in court.

Police say it's a difficult law to enforce.

“At some point in time it just has to go to the courts, and then we’ll see what happens,” said Lt. Skip Arms, Colorado Springs Police Department.

Which is just what Bruce and two other bar owners will do Monday, bring their case in front of a judge.

“I would rather lose in court than have the state come in here and tell me I can't smoke in my bar.”

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Posted by: Adam Location: CO SPRINGS on Mar 11, 2008 at 09:38 PM
Alot of you are missing the point! I don't care if you smoke or don't. I care that my local government is telling me what I can and cannot do! They are just lawmakers not yoda. Non-smokers go not smoke at home... I'm going to the BAR!!!! Ya know booze,smoke,loose women!!! The Bar!!!

Posted by: Another Citizen Location: Colorado Springs on Jul 26, 2007 at 02:43 PM
In case there are any bar owners out there reading these posts: If you begin to allow smoking in your bar, I am one customer that you will lose. You may want to think about the customers you can gain by being smoke-free, rather than worry about the few you lose.

Posted by: jeannie Location: colorado springs on Jul 25, 2007 at 03:15 PM
Speaking from a NON SMOKER point of view I will say that if the bar owner thinks that having smoking is so much better than having another customer, than MORE POWER TO HIM!! I have just as much right to clean air when I go to a bar as they do to pollute it!!!

Posted by: DM Location: Co Springs on Jul 25, 2007 at 02:56 PM
Yes the economy in Colorado Springs does SUCK! Not to mention the increase in crime, poor infrastructure, clowns running our local government and more. Someone tell me again why this is a "so-called" great place to live?

Posted by: Another Citizen Location: Outdoors, Colorado Springs on Jul 25, 2007 at 11:44 AM
Re: Citizen, who asked "who owns the outdoors?" I'll tell you who. I do. You do. We all do. As I'm driving home on a beautiful Colorado afternoon with my windows rolled down, I stop at a stop light. The driver next to me is smoking, holding his cigarette out the window, stinking up the outdoors. Yes, it's his car, his lungs, his outdoors. But what about me? Don't I have the right to not smell that stench at a random stop light? It's my car, my lungs, and my outdoors, too. What we're talking about here is not rights, but respect. If smokers respected non-smokers, then we wouldn't need to have laws to force them to respect others.

Posted by: Jaime Location: cos on Jul 25, 2007 at 06:51 AM
Perhaps it has cost jobs but that shouldn't put you on welfare. It's not like it takes career training to work in a bar. Not to mention that people can still go smoke outside. I think this whole situation is being blown way out of proportion by people who have a smoking addiction. Half of your comments don't even make sense! If nobody can smoke inside the bar then where else are they going to go? Personally I enjoy the fact that I can go into any establishment, bars included, and have a drink and enjoy myself without being suffocated. It was hard to go dancing before. Now I can. Bottom line, those of us who are health conscious have the right to our health beyond your right to smoke. Smoke away, but don't make us all inhale it.

Posted by: Janis Location: Colorado Springs on Jul 24, 2007 at 01:56 PM
If I was a business owner I would be furious over the fact that the government can dictate how I run my business. I understand the need for certian regulations; but it goes too far when a business owner has paid with blood sweat and tears, and someone else can dictate how they run their business.

Posted by: Lydia Location: Calhan on Jul 23, 2007 at 11:53 PM
William, you really should learn to spell. Your bad spelling makes you look far more stupid than you probably are. Carl, it is just as easy to ask us to go outside as it is for us to ask you to NOT spend your money where we smoke. This is a free-market society. If you don't like smoke, don't spend your money there. EVERYONE: This ban has cost JOBS, and many of us who have lost our jobs thanks to the smoking ban are now on WELFARE, receiving TAX-PAYER MONEY to live on. I am one of those people. Hopefully, I will find another job soon, but contrary to what the news reports, the economy sucks!

Posted by: Neil Location: Colorado Springs on Jul 23, 2007 at 03:37 PM
I am one of those people most affected by the smoking ban. I am a bar owner. I would love to have someone show me where I missed the public voting on this issue. Our legislators took it upon themselves to inforce us becoming a nanny state. The revenue in my establishment has dropped more than 30% and the state of Colorado is complaning of tax revenue being down, someone needs to get a grip. Plus I am still waiting for that 80% of non smokers that the state promised to visit my bar. People of Colorado be aware they are coming after you next. Stand up for someones rights.

Posted by: Rick Location: Widefield on Jul 23, 2007 at 01:53 PM
These bars should be premitted to allow their patrons to smoke. However they should also pay a premium to the welfare system to cover the cost of their patrons increased medical expences due to smoking and breathing in other's smoke.

Posted by: Jaime Location: COS on Jul 21, 2007 at 09:50 PM
The bottom line here is that smokers, they aren't telling you that you can't smoke. They are telling you that you can't invade the health of non-smokers. You have the right to choose the smoke. We have the right to choose not to smoke. When you are allowed to smoke in public places, then you are invading our right to our health because we can't choose not to breathe. Come on, now. There are rules governing alcohol as well. You cannot drink in public...i.e. the middle of the street. You cannot drink and drive either. Why? BECAUSE IT PUTS OTHER PEOPLE AT RISK! You do NOT have the right to put others health in danger. If you want to blacken your own lungs, go for it. They're your lungs. But you absolutely do not have the right to force others to do the same, which is what you do by smoking in public. I like having healthy lungs.

Posted by: Phil Duhon Location: Colorado Springs on Jul 21, 2007 at 09:40 PM
Go Bruce! Yes it's true that 80% of our state is the non smoking majority. But many of these BARS are catering to the 20% of adult smokers. You see, that 20% is many of these establishments 100% of their revenue. I know Bruce he pays his taxes and takes care of his customers. Remember 51% of the people in our state don't have the need for a bra, but does that give us the right to start screaming about the moral majority? Smoking is un-healthy, smells bad and not for children, but, it is a legal controlled & taxed substance. Instead of asking Bruce's customers to step outside, just don't go in if you have a problem. If you're that concerned about your health, you should'nt be in a bar in the first place. Again, Go Bruce!

Posted by: Citizen Location: Co. Spgs. on Jul 20, 2007 at 07:45 PM
There were a number of non-smoking bars before the ban (there should be one on every corner). However, this should be left up to proprietors, NOT the govt! It's hard enough to keep a business going without "big brother" intruding. Now there is talk of banning it outdoors, too. Who owns the outdoors?

Posted by: Paul Location: Co Springs on Jul 20, 2007 at 03:42 PM
How about the "typical" answer most of us receive when we express valid concerns about other issues? If you don't like it, MOVE!

Posted by: Dave Location: Co Springs on Jul 20, 2007 at 02:10 PM
Blame all the illegals coming into this country!

Posted by: Zach Location: Canon City on Jul 20, 2007 at 01:00 PM
i am not a smoker and i think it is very unconstitutional to take away rights. this country was supposedly founded on being the land of free but how can you be free when they are taking away rights.

Posted by: west Location: London on Jul 20, 2007 at 10:04 AM
True democracy has respect for minorites, majority rule is mob rule. Tolerance and accomodation are required in this issue. Why are people not allowed to share a legal product in a relaxing environment, if the owner wants to allow it?

Posted by: Carl Location: Colorado Springs on Jul 20, 2007 at 09:58 AM
I'm a former smoker and can see both sides of this issue. Now that I am "clean" for several years, just the smell of cigarette smoke is really disgusting. I also understand the health hazards of second-hand smoke. While I sympathize with smokers who seem to be losing their "rights", I have to ask - what right do you have to poison the air that I have to breath? Is it so much to ask for you to step outside to light up? Give us a break!

Posted by: Lil Location: Manitou Springs on Jul 20, 2007 at 08:40 AM
To D in Colorado Springs: Check your facts. If you'll recall, there was NO public vote regarding the smoking ban. The legislature circumvented a public vote by calling it a "public health safety issue" and therefore, mandated the law without putting it on a ballot. They also originally excluded the casinos from the smoking ban strictly due to the financial impact of less taxes if gamblers weren't allowed to smoke. There was no consideration to the "people of Colorado" and by side-stepping a public vote, they scoffed at any concept of democracy.

Posted by: Lil Location: Manitou Springs on Jul 20, 2007 at 08:31 AM
I can understand the smoking ban for restaurants, but certainly not bars. It should be the bar owner's perogative to allow smoking or not in their own establishment. The courts need to overturn this bad law and allow the business owners the freedom of choice that this country was supposedly founded upon. These "for your own good" laws are getting scarier all the time!

Posted by: D Location: Colorado Springs on Jul 20, 2007 at 08:21 AM
It is time for the smokers to realize that true democracy has worked and the people have spoken. If the majority of people in Colorado wanted smoking in bars, then the people would have voted down the ban. However, the people of Colorado wanted the ban and it is time for all the smokers to accept the will of the people and stop complaining.

Posted by: William Location: Colorado Springs on Jul 20, 2007 at 06:59 AM
Honestly they need to keep this band going, it's bs because no one wants to be around that crap all the time. I used to go eat out and it would turn me away from my food do to the fact I could smell it half way across the room right next to me. IT'S NASTY come on now. If you cant have some fun without smokeing thats just sad on your own part. If you cant go out side to have a smoke thats poor. I would go to the club and that would be all you smell. The stuff is nasty honestly, I say take it out and smoke out there. I hope the corts push it, and I hope the fine is HUGE! sorry to be a jerck about it but, thats the truth.

Posted by: Robert Location: COS on Jul 20, 2007 at 06:21 AM
Keep up the fight! Next thing you know alcohol will be the next thing they ban. I applaud Bruce and all the other establishments that feel the same way.

Posted by: Curt Location: Security on Jul 19, 2007 at 11:29 PM
Big thumbs up from me to the owners of those establishments. Protect our constitutional rights to freedom of expression. They don't just apply to non-smokers.