[Mpls] Smoking Ban & Public/Private

[Greg Abbott]

On May 17, 2004, at 10:49 AM, phaedrus wrote:

> If it is relatively straightforward to make a business
> a private establishment and that establisment would
> have the right to determine its own smoking policy,
> then I may have to withdraw my objections to a smoking
> ban - it all depends on the details.

One common feature of "dry" states and counties, where consumption of 
alcohol in public places was prohibited, was to form "private" clubs 
where people had to become members in order to permit the establishment 
to serve alcohol on the premises.  IIRC, in Utah, bars would sell you 
"memberships" at the door.

Certainly this is a possible exception to the smoking ban that might 
make sense -- as long as it's not such a wide exception that all bars 
would feel compelled to become "private" smoking clubs.  Perhaps a hard 
quota on the number of such private clubs in a given area, for example.

If these entities were truly private then some of the "smokers' rights" 
arguments might apply.  But a "private" club open to anyone who walks 
in the door is the same as a public establishment and should be treated 
accordingly.

As always, the devil is in the details.

Greg Abbott
Linden Hills
13th Ward