Holy smoke batman!!

[Bugman]

Several days ago my brother and his wife went to a nationally known restaurant chain here in Austin to have dinner.They sat at the bar to have a drink while waiting for a table.The bartender,without being asked offered an ashtray.Being a smoker my sister-in-law said sure and lit up.While having her second smoke a health inspector from the city of Austin walked up to the bar and wrote her a $600 ticket for smoking in a public place.

Austin,like so many places has an ordinance against smoking in bars,restaurant's,etc.She contends that the restaurant should pay the fine since they offered an ashtray.On the other hand she knew she was violating a city ordinence.So,who should pick up the tab here?It seems to me both parties are partially to blame.Opinions?

 

[General Zod]

Several days ago my brother and his wife went to a nationally known restaurant chain here in Austin to have dinner.They sat at the bar to have a drink while waiting for a table.The bartender,without being asked offered an ashtray.Being a smoker my sister-in-law said sure and lit up.While having her second smoke a health inspector from the city of Austin walked up to the bar and wrote her a $600 ticket for smoking in a public place.

Austin,like so many places has an ordinance against smoking in bars,restaurant's,etc.She contends that the restaurant should pay the fine since they offered an ashtray.On the other hand she knew she was violating a city ordinence.So,who should pick up the tab here?It seems to me both parties are partially to blame.Opinions?

To me it sounds like entrapment I wonder if the bar tender was working hand in hand with the smoking police I say she needs to fight it and have it either paid for by the bar,or have it stricken

 

[steph]

Here in California, it's the establishment's responsibility.
I'd bet this guy isn't even a real health inspector. I'm not usually this paranoid but I'd seek legal advice and maybe even consult with the police~I smell a possible scam.
XOXO

 

[Fire_Sprite]

So,who should pick up the tab here?

You should. And by tab I mean bat. Then whack that asshole health inspector.

 

[drew70]

Here in California, it's the establishment's responsibility.
I'd bet this guy isn't even a real health inspector. I'm not usually this paranoid but I'd seek legal advice and maybe even consult with the police~I smell a possible scam.
XOXO

I agree. Clearly there's more going on here. How did the "Health Inspector" know to whom to make out the "ticket"? Did he ask to see her "smoker's license?" I hope she didn't volunteer her identity. She should have told him to pound sand, instead.

 

[bellystrokes]

Hi Bugman, sorry about this hassle. You know, I would also call the owner/manager of the restaurant and politely ask why the bartenders are providing ashtrays and not informing customers who break out a cigarette, that smoking is not allowed. I am sure s/he would find that interesting.

Keep us updated, sweetie.

 

[General Zod]

I'd also get this on the news as well if possible

 

[Bugman]

I'm doing a bit of research into this.Here's all I've found so far.


New Smoking in Public Places Ordinance procedure takes effect Nov. 1
For immediate release
Oct. 31, 2006

Supported by Austin voters, the Smoking in Public Places Ordinance took effect Sept. 1, 2005, and the vast majority of establishments in Austin continue to comply with the ordinance.

As enforcement procedures evolve, another tool is being introduced to enhance compliance.

Effective Nov. 1, 2006, in addition to business establishments being subject to citations, The Austin/Travis County Health and Human Services Department, with the assistance of the Austin Police Department, will be citing individuals who are in violation of the smoking ordinance.

Those found in violation and cited can face fines of up to $500. Staff from both the Austin/Travis County Health and Human Services Department and the Austin Police Department has jointly visited establishments to provide education and answer questions on the new enforcement guidelines.

To report a violation of the Smoking in Public Places Ordinance or to ask questions about the ordinance please contact the Environmental and Consumer Health Unit of the Austin/Travis County Health and Human Services Department at (512) 972-5600 or you can e-mail [email protected]

The inspector,a she just to clear that up,is legitimate.It seems she was standing outside looking in the windows.The manager of the place saw her and warned my sister-in-law to put her cigarette out,but by then the woman had entered the restaurant and already had ticket book in hand.The real question is,why would the management of a national chain allow and even facilitate the breaking of the law by its customers?The whole thing is rather strange.

 

[General Zod]

I'm doing a bit of research into this.Here's all I've found so far.


New Smoking in Public Places Ordinance procedure takes effect Nov. 1
For immediate release
Oct. 31, 2006

Supported by Austin voters, the Smoking in Public Places Ordinance took effect Sept. 1, 2005, and the vast majority of establishments in Austin continue to comply with the ordinance.

As enforcement procedures evolve, another tool is being introduced to enhance compliance.

Effective Nov. 1, 2006, in addition to business establishments being subject to citations, The Austin/Travis County Health and Human Services Department, with the assistance of the Austin Police Department, will be citing individuals who are in violation of the smoking ordinance.

Those found in violation and cited can face fines of up to $500. Staff from both the Austin/Travis County Health and Human Services Department and the Austin Police Department has jointly visited establishments to provide education and answer questions on the new enforcement guidelines.

To report a violation of the Smoking in Public Places Ordinance or to ask questions about the ordinance please contact the Environmental and Consumer Health Unit of the Austin/Travis County Health and Human Services Department at (512) 972-5600 or you can e-mail [email protected]

The inspector,a she just to clear that up,is legitimate.It seems she was standing outside looking in the windows.The manager of the place saw her and warned my sister-in-law to put her cigarette out,but by then the woman had entered the restaurant and already had ticket book in hand.The real question is,why would the management of a national chain allow and even facilitate the breaking of the law by its customers?The whole thing is rather strange.

I still think it is entrapment If smoking is not allowed there,why have ashtrays?

 

[paracarl44]

Since the bartender offered the ashtray.

This act shows that smoking is acceptable and the restaurant should pay the fine. Had your sister-in-law lite up a cigarette without asking what the Smoking Policy was then she would be held accountable.

 

[bellystrokes]

Just some guesses here: If the manager did ask your sister-in-law to put out the cigarette, that will be in his favor. But the real question is: Why did the bartender, an employee of the manager, present the perception that smoking was ok by providing an ashtray and by not saying anything to your sister-in-law when she pulled out the cigarettes. I am going to guess your sister-in-law will have to share in the guilt, but I hope the restaurant in reprimanded in the bartender training area.

 

[Leo tickles]

Sounds like a set-up of sorts to me. But then again I'm paranoid, so everything sounds like a set-up to me.

 

[tcklft]

Just call the health inspector and ask him what kind of kickback he gave that bartender....

Also call the local papers and see if anyone's interested in covering your story. I'm sure the restaurant and health agency would looooove getting some negative publicity to start the new year.

 

[brianspencer66]

Yeah bugman sounds like entrapment to me too. The city is looking for revenue and this bartender or owner of the bar may be getting some sort of kickback. If this is the case I hope she or someones sues the city one day. I mean handing her an ashtray? here in NYC bartenders know better and tell you straight out not to smoke.

 

[General Zod]

A comedian named Auggie Smith did a great piece about not being able to smoke in bars

This won't be word for word

*pissed off drinker*

Mr bartender dude

I am drying to get drunk so I can meet a girl,drive her home,and have unprotectted sex with her,and this dude is blowing smoke in my face

 

[Aragon]

I have been smoking for a little while, over a decade, and have yet to understand why people want it banned. I can understand not smoking around kids and smoking in areas well ventilated as not to give unwilling people second hand smoke, but there is a problem when you strike at us smokers everywhere. I know people who only smoke when they drink, so why ban it in bars? I also think it is yet another way that politicians (liberal, conservative, republican, democrat) are taking away rights. The same people who want that taken away want you to go to jail for not thinking their way. I believe in God, I have friends who don't, and those who do, we don't push it on others what our beliefs are and even complain about church groups bothering us at our houses. Yet I was told by a rabid religious freak (not christian, not a friend because of his personal choice on another matter, the religion is actually an interest of mine and his family and I are still friends and they are of the same religion as him) said that we shouldn't smoke at all and he was glad. Then he said as soon as that is handled, we needed to make sure all people followed a strict censorship of language. None of it was a joke with him. He is active in politics, as are a few of my friends, and he seems to be on the winning side because of scare tactics and ideals of stripping my beloved Constitution of freedom.

Sorry, I rant because I believe this is another step away from us enjoying all freedoms.

 

[Zero-Sum]

I would go half and half since there is fault on both sides

 

[Redhering]

I still think it is entrapment If smoking is not allowed there,why have ashtrays?

My guess is a restaurant or bar could have ashtrays available so that people who do smoke (even if they're not supposed to smoke) can use the ashtray instead of having the hot ashes fall and burn holes in carpet/furniture/etc. (kind of like non-smoking motel rooms.)
If she had lit up her cigarette first I could see the bartend bringing out an ashtray.. but I also think he should have mentioned smoking was against the law there.
Bugman seemed to indicate that the bartender offered the ashtray in advance though and that certainly strikes me as very odd.. which in turn makes me feel that it's not entirely her fault. He also mentioned that she knew it was wrong to be smoking there and I would hope that she's willing to take at least some responsibility for her own actions.

That being said, I personally don't think government should have any say as to whether smoking should be allowed in restaurants or bars. Although they are 'open' to the public it's still a privately owned business. If I should want to have a restaurant that allows smoking, that should be my choice. If people didn't want to work or eat in that kind of environment they could go elsewhere. If I couldn't find any employees and I couldn't get any customers... then it would be my choice to change to a no-smoking establishment or close up shop.

(and for those that might be curious, no I don't smoke)