Some local businesses weren’t surprised at news last week that the Health Services Review Appeal Board ruled the Northwestern Health Unit does not have the right to legally make businesses “butt out” in the name of public health.
Terry Bailley, owner of the White Pine Inn here and the Sherbrook Inn in Winnipeg, was pleased to see the appeal board rule against Dr. Sarsfield, adding the approach to make businesses “butt out” was all wrong.
“They were trying to stop smoking in workplaces, but really they were picking on bars. We’re the ones most affected,” he remarked.
“It’s a mixed bag,” Bailley added. “Health-wise, smoking’s bad for you. Money-wise, without it, us bar owners can’t survive.
“The first weekend [after the health unit declared second-hand smoke a health hazard], we tried stopping the smoking and it was disastrous,” Bailley said.
“Then, we saw other people opposing it, and we jumped on the bandwagon. We had to.
“If they really want to stop smoking, take cigarettes off the shelves,” he argued. “In a month or two, we’ll have gone through the withdrawal. We’ll all have gotten over it—smokers and bar owners—and it will be a level playing field.”
Having a hotel in Winnipeg, where smoking was banned in all enclosed public places last September, Bailley said the impact has been “devastating,” with a decline in both liquor and VLT profits.
He added customers have been going outside city limits to smoke while they drink and gamble.
But he’s also gotten a first-hand look at what forcing businesses to “butt out” can do, and was skeptical whether the Ontario government would ever be so bold as to do a province-wide ban.
“Who’s going to pay for it? That’s what it comes down to,” Bailley said. “With less money coming to businesses, eventually the business owners go to their municipal government to ask for a tax break or they go out of business.
“If the city or town loses tax revenue from the businesses, they then have to get it back from residential taxpayers. And the taxpayers aren’t going to go for that,” he remarked.
Bailley noted the provincial and federal governments also lose money through decreased liquor sales, GST, PST, and, in Manitoba’s case, VLT profits.
He noted British Columbia initially banned smoking in all enclosed public places, but then went back on the decision after the impact on its entertainment industry was far too severe.
“I want good health for everybody, but I want to be able to run my business, too,” said Bailley. “And for some reason, some people want to smoke when they go out for the evening.
“As long as it stays that way, we have to allow smoking in bars. That, or stop smoking altogether.”
“The appeal board ruled Dr. Sarsfield was overstepping his bounds. That’s what we were saying right from the beginning,” noted Larry Syrovy, owner of the Rainy Lake Hotel here and also a member of the Freedom of Choice Coalition which was fighting the Northwestern Health Unit’s effort to ban smoking in all enclosed public places in the Kenora-Rainy River districts.
Syrovy said he intends to keep the restaurant part of the hotel smoke-free while allowing smoking in the bar part of the building.
“People seem to like it that way. About half of the patrons smoke. If there comes a time when the majority want it to be smoke-free, we’ll probably do so,” he added.
Syrovy said if the government—provincial or federal—ever decides to ban smoking in enclosed public places (something he conceded may happen in the next couple of years, they should do it gradually, giving business owners due time to adjust.
“We’re all pretty happy with the way it turned out,” said Marc Bissonnette, owner of Hap’s Restaurant in Kenora, where a non-smoking policy is only enforced until 2 p.m. each day for the lunch crowd.
After that, when the restaurant draws more patrons to the bar area, the policy isn’t in effect.
“It wasn’t really a health issue,” Bissonnette argued. “It was all about who was authorized to tell us what to do. And the appeal board agreed with us—he [Dr. Sarsfield] was overstepping his bounds.”
Bissonnette noted he’d be willing to change his policy to absolutely no smoking at all times if the government was to tell him to.
“If they’ll ever do, who’s to say? There’s a money issue there. Manitoba has lost millions out of its VLT coffers, and that’s most likely due to the smoking ban.
“I’ll try not to worry about it until the time comes,” he remarked. “If it does ever go through, I’ll be one of the first ones to throw out my ashtrays.”
Hap’s was one of the six appellants that appeared before the appeal board. The other five whose arguments were heard include the Patricia Inn Motel, Crystal Harbour Restaurant, Winston Hotel, Balmer Motor Hotel, and Ted’s Restaurant.
Eighteen other businesses in the Kenora-Rainy River districts besides Hap’s were given no-smoking orders by the health unit, but the appeal board heard arguments from just six.
Fort Frances Times
Local News from Across the Rainy River District
