If there is one vote from the last election I wish I could take back, it would be my โ€œyesโ€ vote on Question 5. Q-5 is, for too many business owners, a heavy-handed pain in the ass.

Take your basic good-ole joint thatโ€™s been here for a while. Letโ€™s call it Pistol Peteโ€™s. Itโ€™s got a bar with a kitchen in the back and plenty of video poker. Who the hell am I to tell Pistol how to run his place? Specifically, who the hell am I to tell Pistol that he canโ€™t have smokers in there lightinโ€™ up?

Prior to the election, we already had a pretty nice, simple system in place. Itโ€™s called the law of the marketplace. If Pistol Pete has a great French dip sandwich and a lot of smokers, I can either, (1) go in, order the sandwich, and put up with the second-hand smoke, if I dare. Or, (2) I can say, by my consistent lack of attendance, โ€œSorry, Pete, but I just canโ€™t handle the ashtray air in your place.โ€ Peteโ€™ll have to survive without me, and I have to go someplace else to get a good sandwichโ€”which can be done. There are and will be plenty of restaurants that will cater to me and my people, the non-smoking majority. No law necessary.

I have to re-think how realistic it is for me to expect that places that serve food, alcohol and video poker are going to make a profit without smokers. Cigarettes and cocktails, Iโ€™m sure youโ€™ve noticed, are often pursued in tandem. To take smoking away is to flirt with a serious loss of customers. If people are OK eating turkey sandwiches in a place where people are smoking at the bar, well, I guess thatโ€™s OK by me. Why wouldnโ€™t it be? Itโ€™s a free country, right? Why should I want to take people who want to drink and smoke out of sports bars, taverns and bar/grills and send them to the only places left under Q-5 that will let them simultaneously do all the sinful things they want to doโ€”casinos?

Itโ€™s a big hassle, ultimately, for businessmen and women who already have their hands very, very full when it comes to makinโ€™ a buck. Sure, there are benefits to Q-5. Now, I can go into a sports bar and not have to worry about my life being shortened by 14 seconds due to an hour of exposure to second-hand smoke. OK, fine. But the money I bring into Pistol Peteโ€™s once or twice a year can in no way offset the losses Pete now suffers because all of his video-poker-playing, Budweiser-swilling, Marlboro-huffing, twice-a-week regulars have gone to the Atlantis or the Silver Legacy or wherever to pursue their Trifecta of Sin. Bottom lineโ€”we just passed a law that makes it tougher for the little guys to get by and easier for the fat cats to fatten up. Itโ€™s as if weโ€™re incapable of protecting ourselves from smoke, so we had to shove a law up the tailpipes of restaurateurs to do it for us. Oops. Duh. Sorry about that.

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