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Little has changed at the Juggling Gypsy Cafe and Hookah bar in Wilmington since the start of the smoking ban in North Carolina Saturday. Patrons continue to smoke. However, this is not an act of civil disobedience. Bar manager Denny Best says bar management has found what it believes to be a loophole in the new ban, allowing customers to continue to smoke tobacco through the water pipes.... However, buried at the very end of the smoking ban legislation is an exemption for actors on a live production set. So, thanks to a web cam and a streaming web site, the Juggling Gypsy is now a stage, and all the patrons its players.
"We are going to wait for them to give us the ticket," says Bliss, the owner of Hookah Bliss on Franklin Street in Chapel Hill. "They are required to give us two warnings, and then it can be up to $200 per ticket."
A ticket is exactly what Bliss wants. He says he'll use it to trigger legal action against county and state officials for harassment and discrimination.
"I'm going to get the ticket. I'm going to go to court, and hopefully we'll be able to continue our legitimate business, as we should be," says Bliss, who sells 61 flavors of tobacco that patrons ages 18 and older can inhale through communal pipes. "That's where we stand is, we're going to fight."
Orange County Environmental Health Director Tom Konsler says he's aware of Bliss's protest plans but isn't sure how his agency will respond.
"We will operate on a complaint basis as far as enforcement," said Konsler, who, as part of enforcing the ban, will oversee business owners while police handle patrons. "We don't have any specific plan as targeted toward (Hookah Bliss) versus any other restaurant or bar that's subject to the smoking law."
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I’m pretty sure the hookah bars are exempt from what i read on the information page regarding the ban. |
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They can allow it if they do not serve alcohol, if they do serve alcohol, the revenue from the bar defines them as a bar thereby banning smoking. Well folks, this authoritarian crap is what you all voted for…certainly change, whether its what you had in mind…that’s for you to decide in november, I for one will be driving to south carolina to eat out when I can afford it…which in this state affording anything is a challenge |
mbh
Jan 02, 2010
at 10:54 PM
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so you would help the economy and small businesses of another state before having the tax dollars benefit your state? You’re an idiot…please go to south carolina and stay, we don’t need you here. |
Jason
Jan 03, 2010
at 01:03 PM
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Dialogue without the insults and name-calling is what Xpress is striving for — an exchange of ideas, so we can all learn and grow. |
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certainly change, whether its what you had in mind…that’s for you to decide in november, Are you really trying to connect this to Obama? I for one will be driving to south carolina to eat out when I can afford it Good luck with that, many SC cities and counties are heading this way as well, like Greenville Jeff—“An idiot, dolt, or dullard is a mentally deficient person, or someone who acts in a self-defeating or significantly counterproductive way”. |
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This is an idiotic law. Bravo to the Hookah Bar. |
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bravo indeed. way to go. businesses should definitely be able to make this choice themselves, and individuals should be able to make their own decision whether or not they want to visit the establishment. |
annica2
Jan 04, 2010
at 02:12 AM
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It’s not an idiotic law. It’s a good one. So I guess we should also do away with the health inspectors because if i restaurant wants to serve bacteria laced food, it’s their decision? No, restaurant owners who are against this can’t see the trees for the forest, it will bring new business, and keep their restaurants cleaner and healthier. This is a law made to protect the public. |
frank
Jan 04, 2010
at 10:20 AM
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Who cares. The Hookah bar is not such a great bar to go to anyway. Is that publicity I hear? |
Jen
Jan 04, 2010
at 10:31 AM
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“Dialogue without the insults and name-calling is what Xpress is striving for — an exchange of ideas, so we can all learn and grow.” Right then why are other attacked on other parts of this paper constantly with name calling. So save the sermon about the name calling until you apply it to EVERYONE not just your friends then it will mean something. |
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Frank, if a restaurant opens up called the bateria-laced-food eatery, and people go to said restaurant, That should be their choice. Laws that prohibit such choices harm the fabric of society far more than the occasional unhealthy patron. |
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frank: there are several places in the world who do not have health inspectors and are all doing just fine. it’s this kind of preventive move that has always been a failure. there is no evidence anywhere in any of the the other states where smoking is banned that more business was created. this law was indeed probably made to protect the public, but the road to hell is paved with good intentions. prohibiting goods, measures, services etc. has always proved it’s failures. |
annica2
Jan 04, 2010
at 12:54 PM
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Those parts of the world are not Asheville, annica2, We have health laws for a reason. No matter how hard Asheville pretends, its not as special as it thinks. |
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of course it is for a reason. there have been tons of laws “for a reason” that have all failed. learning a lesson from the rest of the history of the world would do asheville, as well as the rest of north carolina well. we can’t encourage production and business by destroying it. banning smoking, criminalizing weed or raw milk etc. is all the kind of incrementalism that has completely failed us all. |
annica2
Jan 04, 2010
at 08:14 PM
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Banning smoking is NOT a failure to society. Smoking is a weak failure of the human mind. Anyone who slowly destroys their health and well-being by smoking is deserving of the suffering they bestow upon themselves. They eventually will die. The government took a bold step in banning smoking, BUT, for the greater good of society as a whole. People who are not exposed to such toxins will live longer and hence will be able to patronize local businesses far longer and there will be a “survival of the fittest” set into motion. Goodbye smokers, hello healthy & unpolluted people. Bravo new law. Adios Annica2 and your broad generalizations and gross malpredictions. |
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This is a non-issue, they are exempt. Good job!! |
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If they didn’t serve alcohol, I believe you would be correct. But since they do, I believe they are not exempt. Unless you have citations to the contrary? |
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“Smoking is a weak failure of the human mind. Anyone who slowly destroys their health and well-being by smoking is deserving of the suffering they bestow upon themselves. They eventually will die.” i agree. but, i do not agree it’s the states job to tell anyone they can’t kill themselves. i think we all have an unalienable right to our own bodies and should be able to kill ourselves with whatever means we choose. secondly, it’s absurd to believe prohibiting smoking will have any significant effect on healthier peoples ability to make it to support business over those who choose to buy the product the business is offering, or “survival of the fittest” as you have called it when these bans have proven to reduce business activity in other states. and believing putting that smoking bar out of business(though i believe they’ve now found a loophole), decreasing production and jobs created by the business, will actually amount to more production and jobs is backwards. |
annica2
Jan 06, 2010
at 02:26 AM
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I’m pretty sure this 2005 article explains it pretty nicely. Also, there was another article that said the ban increased business because people don’t stay as long in the restaurant. The CDC also has another report showing that there was no change in business revenues after a smoking ban in el paso. So it either improves business, or it doesn’t change it. Personally, I enjoy bars and clubs for the bar, the people, and for the music…i prefer to not smell like smoke afterwards. The only business it will hurt that I use is the dry-cleaners because I won’t have to go every week to take my jackets and shirts to them. |
Jason
Jan 06, 2010
at 12:31 PM
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Jason, they are a hookah bar. A _HOOKAH_ bar. Even you must admit that while in general, on average, bar business might not be affected, in this case it definitely would be. |
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I was simply replying to the general idea that it hurts business. I’m sure a hookah bar would be affected in some capacity which is why, like a cigar bar, they should be exempt. |
Jason
Jan 06, 2010
at 02:36 PM
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But Jason, that makes no sense. If it is a public health issue, if the mere presence of smokers increases the health care costs of all, the merely being a hookah bar or a cigar bar should not exempt them. If its a better business issue, and governments are allowed to legislate business practices, why stop at smoking? Why not make operating a business without bright airy spaces and soothing pastels a felony? |
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Majority rules. Bottom line smoking sucks no |
Jason
Jan 06, 2010
at 06:24 PM
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the arguing over your smoking preference is making no valid point. bottom line of this political chat, is this:
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Ambir
Jan 06, 2010
at 11:08 PM
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Umm…where did this obama argument come from? I’m pretty sure Obama had nothing to do with wether or not to ban smoking in restaurants in NC. It took Bush 8 years to send this country to hell…I’m sure it will take more than a year to bring it back. Your argument is dumb, come back when you read more than Fox News and books by bill o’reilly. |
Jason
Jan 06, 2010
at 11:18 PM
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http://stickeenotes.files.wordpress.com/2009/06/obama_smoking.jpg hypocrisy makes me laugh. |
Ambir
Jan 06, 2010
at 11:19 PM
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You think Obama had nothing to do with this? I’m sure he’s encouraged it upon every state. would you feel any better if I found a picture of the lovely Bev Perdue smoking a delicious cigarette? |
Ambir
Jan 06, 2010
at 11:24 PM
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Even better..
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Ambir
Jan 06, 2010
at 11:33 PM
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If cigar bars are acceptable, it doesn’t seem like a big stretch to make hookah bars acceptable, too. I don’t think a minor tweak to the law requires dragging in the President. And for all you outraged civil libertarians out there, remember, it’s some damn Bureaucrat who came up with traffic lights. Or is stopping for a red light also an abridgement of your freedoms? |
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Majority rules, huh Jason? What are your feelings toward those who are suing to overturn Proposition 8? |
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I occasionally DJ at a local bar on Friday nights. This has always been a small venue, with an average of 30 patrons. However, last night we did not have more than 6 customers. When I discussed the lack of clientele with the owner, he said that most of his customers smoke, and they don’t want to come out to a place where they can’t feel welcomed. The smoking ban has done just that, and he’s lost most of his regulars. |
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Why not make operating a business without bright airy spaces and soothing pastels a felony? I kinda like that suggestion, actually. |
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Through out Obama’s campaign he guaranteed a positive change by getting our troops home from war. and providing health care to those who need it. I find it understandable that this may take a while for the process to be complete. but what does banning flavored cigarettes, and smoking in restaurants have to do with war or providing health care? It seems evident that Obama and his democratic followers have no solutions, and are attempting to get a buzz off this power trip. pathetic. I agree Amber. Obama needs to stop trying to ban smoking in Asheville. He needs to fix the economy and end all war first. then he can ban smoking at the Hookah Bar. |
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there are pictures flooding the web of Obama smoking a cigarette. At the Hookah Bar? That hypocrite! |
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Hmmm let’s see…discriminate against different sexual orientations based on old bible folklore…sure that makes total sense. I’m sure we could sue against seatbelt laws and helmet laws and why not car inspection laws since it should be left up to the owner of that vehicle what he does with it. Honestly people can waste their money with as many lawsuits as they want. A majority of bar owners will see business pick back up if they know how to run a business. |
Jason
Jan 17, 2010
at 12:50 PM
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A majority of bar owners will see business pick back up if they know how to run a business. Right on Jason. |
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PatD and Jason - When smoking was banned in pubs in Ireland, pub revenue was dashed and beer sales at the store skyrocketed. They still have not recovered. Maybe you two should start a seminar on how to deal with this issue since you have the answers. |
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Last time I checked, there were lots of bars, pubs, and clubs in NYC. They are not suffereing a horrible fate because of a smoking ban. |
Jason
Jan 19, 2010
at 03:44 PM
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Jason - what was the count before and after the ban? |
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NYC… lots of places and people there. It’d be tough to put all of them out of business. I can only speak for my area, but it’s the small businesses that this ban is hurting. Personally, the small pubs are my favorite. |
Fight4Freedom
Jan 20, 2010
at 12:12 AM
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Jason: So when do you start fighting, when the government tells you what kind of clothes to wear or how to style your hair or let’s just wait until people start getting sent to concentration camps for their beliefs! This law infringes upon everyones constitutional rights. |
B3
Feb 22, 2010
at 10:44 AM
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Jason