So far, pool hall owner Don Liebes has spent $10,000 fighting the state’s ban on smoking in bars and restaurants. He’s considered a for-profit club, which means he doesn’t fit the exemption the law makes for non-profit clubs such as the Elks. Liebes’ attorney says this violates the equal protection clause. From the News & Observer:
“What’s the difference between the Raleigh and Charlotte country club?” Cohen said. “They both have golf courses, they both have restaurants and bars, but they’re treated differently.”
Mark Payne, an attorney representing Guilford County, argued that exempting private pool halls from the smoking ban would give them an unfair commercial advantage over similar businesses open to the public. He also suggested that there might be a rush of bars and restaurants trying to change their status to private clubs.
I agree. But two of Liebes’ customers who are quoted in the story make the more important points about the state’s ban. A private business should make the decision about whether to allow smoking or not. Customers will then choose whether to frequent the establishment or not.
Ed Dezner II, a nonsmoker, doesn’t think the state should impose restrictive smoking ordinances.
“North Carolina has been a smoking state since its birth,” Dezner said. “We’re grown adults, and we should be able to choose wether we want to be around smoke. I come here to play pool, and it doesn’t bother me.”
Joey Noble, a High Point resident, echoed those thoughts: “Smoking in a bar should be up to the owners,” he said.
