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Tavern League plans to use political pull against smoking ban

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by Matt Sherling
Monday, November 11, 2002

An alliance of Madison-area bar, restaurant and hotel owners has its sights set on Madison alders due to their public support of a pending city ordinance that aims to curb smoking in a significant percentage of bars.

The City Council plans to vote on the ordinance Nov. 19.

In an effort to dissuade alders from voting in favor of the ordinance, The Dane County Tavern League is drawing up plans to run opposition in next spring’s City Council election to incumbent alders who have publicly supported the ordinance.

“We are going to have to look at targeting some of council people looking to destroy our industry,” said Barb Mercer, owner of Pitcher’s Pub on the Beltline and president of the Dane County Tavern League. “We’re concerned like hell they are just going to close us down.”

Mercer said the Tavern League has already raised $5,000 for a potential alder candidate, but declined to specify either the identity of the candidate or district in question.

Ald. Todd Jarrell, District 8, an outspoken supporter of the proposed smoking ordinance, sees Mercer’s comments and the mobilization of the Dane County Tavern League as an attempt to intimidate politicians.

Jarrell claims to have won his 2001 alder seat with under $6,000 in campaign spending, an amount nearly already surpassed by the Tavern League’s recently undertaken fundraising efforts.

“It’s another example of money and politics,” Jarrell said of Mercer’s efforts. “They’re trying to scare people into supporting it.”

Mercer fears the passage of the smoking-restriction ordinance might spur similar resolutions in nearby communities.

“If we roll over and sit back, then it will go countywide and statewide,” she said.

Ald. Paul Van Rooy, District 18, helped draft the ordinance prior to its August introduction to the Council. Van Rooy said his initial support for the measure has wavered in recent months. He said compromise talks between city officials and bar owners are crumbling.

“We started out with some discussion. With things starting to fall apart this last week or so, they are drawing further and further from our original discussion,” said Van Rooy, who believes some bar owners have changed their stance throughout the negotiating process. “Some had seemed very sincere about what they were negotiating. I sense breaks were being put on making such progress. It certainly appears there was a lot of opposition at making compromises we were talking about.”

Yet Mercer claims city officials, including Van Rooy, have been responsible for hindering the stalled negotiations.

“We have said we are willing to compromise,” Mercer said. “But they want the whole enchilada on this; they don’t want to compromise.”

Mercer also believes the ordinance’s supporters have exaggerated the number of bar and restaurant employees in favor of an ordinance for health reasons.

“If you look at the employees at most places you go, about 80 percent smoke,” estimates Mercer, who said smoke is simply an inevitable presence at a bar. “They know that when they come to work, there will be smoke there.”

Under current Wisconsin state law, smoking is prohibited in any restaurant, which a 1992 Madison city ordinance defines as an establishment serving or preparing food while obtaining less than 33 percent of its revenue from alcohol sales. The new ordinance, if passed, would increase to 50 percent the amount of revenue from alcohol sales an establishment must take in order to qualify as a bar.

In addition, the ordinance would ban smoking at free-standing bars in restaurants and in separately ventilated smoking rooms in restaurants.

Mercer said the restaurant, bar and hotel coalition will continue to gear up its fight against the proposal with the vote a week and a half away.

“We’re not stupid enough to know that second-hand smoke can not be the most healthy thing,” Mercer said. “But if we lost one business because of it, it’s a crying shame.”


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