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Making the decision

Saturday, April 4, 2009

FROM THE beginning, we

thought that the whole smoking ban

issue was one of choice. We didn’t

understand that it apparently was

only about what others thought our

choice should be.

Frankly, we’re nonplussed at this

melodramatic indignation at our decision

to go smoke-free at “The Noose,”

I don’t understand it because I told every

major player, long, long ago, that if

we were able to push back the original

ban and force it to a vote (where people

could make their own decisions) that

we would go smoke-free inside the club

on March 3.

Apparently the other concerned

parties either weren’t listening or they

didn’t want to hear it in the first place,

but however they feel about it, I’m perplexed

at those who say that they were

shocked or blindsided by our choice.

March 3 was not an arbitrary date,

we chose it to make the statement that,

although the forced ban had failed, we

could make decisions for ourselves

without outside intervention or pressure.

Apparently, the “statement” was

a bit too subtle for some folks to wrap

their minds around. I think it’s too bad

that some who know better are doing

nothing to correct the misinformation

that we just suddenly “knuckled under.”

That’s baloney. I have fought an arbitrary

intervention of government into

private business for

A lot of people have argued against

this ban because of economic realities.

Here are few realities that our critics

perhaps do not know or, again, have

somehow forgotten:

The First Reason: We are not a sole

proprietorship, we are a limited-liability

company. And at the time we had three

members making decisions. We had

talked about being a smoke-free bar literally

since the first day we sat down

together. We reviewed our position on

a regular basis. Then, seemingly out the

blue, talk of a ban came up and we decided

to fight it, on the principal that as

the people who sign the checks, it was

our decision to make.

The Second Reason: We do not own

our building, we lease it. The importance

of this should be obvious but, if

not, the third reason should clarify the

significance.

The Third Reason: We regularly

feature live entertainment and we

were losing clientele on band nights

because one often could hardly see

across the bar for the smoke. People

were leaving and telling us why they

were leaving — because they couldn’t

breathe. Our ventilation system was

inadequate for the size of crowds we

were drawing.

We were faced with a choice in February

to either invest thousands of dollars

to replace our ventilation system,

in a building we do not own, or to go

smoke-free inside the bar and provide a

designated smoking area outside.

To spell this out, we had the choice

to invest a lot of money in someone

else’s building all the while knowing

that in a matter of weeks a vote was going

to take place and that a smoking ban

might be enacted after all.

Hopefully everyone involved in this

issue has enough business savvy to

know where that decision was going.

To paraphrase Darwin, “Adapt, or die.”

If the ban is voted down, which we’ve

hoped for and fought for all along, great.

But if our business continues to grow as

a nonsmoking nightclub, that is how it

will stay.

(By the way, we have signs posted

throughout our establishment advising

folks to vote and to vote against the

smoking ban.)

If the ban is voted down and our revenues

drop, we will reconsider our position.

We won’t feel sad, or ashamed if

time proves us wrong. We will change.

It’s business.

If the ban passes (and make no mistake,

we certainly hope it doesn’t) we’re

already in position as a non-smoking

venue.

Simple business decisions: proactive

observation, linear thinking, anticipatory

speculation, calculating the odds,

nothing more.

I know some people are simply

thrilled with our choice to move smoking

out back and I know that others

are not. We’re not at all clear as to why

those who are not cannot be content to

live and let live. We’re not the villains

here; there is no better champion for

the rights of business owners anywhere

in Emporia.

Comments

tbluma (anonymous) says...

Geeez S.C. where are all of your opponents at.
Well said.

April 4, 2009 at 12:50 p.m. ( | suggest removal )

smith_ron (anonymous) says...

Well said, SC. However, who will champion your customers?

April 4, 2009 at 1:46 p.m. ( | suggest removal )

Dido1969 (anonymous) says...

Hallelujah...it is ABOUT THE CHOICE...and a business' right to make the choice as they see the marketplace. God bless America.

April 4, 2009 at 2:40 p.m. ( | suggest removal )

Bjnemp (anonymous) says...

smith_ron:

"However, who will champion your customers?"

If adults who patronize a bar need someone to "champion" their cause or vocalize their feelings, perhaps they should hire a nanny or nursemaid. Most adults have the stones to champion their own causes.

Mr. Smith, has it come to that in our nation? Are we now so weak as individuals, and so dependent on our bloated dysfunctional government, that we can no longer make our own decisions? Must we rely on a "champion", some elitist special interest group (CAE), or big brother to make our simplest decisions for us?

Geez, I hope not. I, for one, prefer to make my own decisions, fight my own battles, and live my own life.

I have already voted NO on the radically restrictive smoking ban. I would hope that any citizen with a backbone and appreciation for individual rights and freedoms will do the same.

April 4, 2009 at 2:41 p.m. ( | suggest removal )

djdiablo (anonymous) says...

I was surprised to see this printed, I wrote it almost a month ago. Nothing wrong with that, and it seems a bit of it was excised in the web version, possibly accidentally, but its fine and I stand behind every word of it.
I hope that everyone clearly understands my reasons for writing it…this has become a personal issue for many, many people. In three decades of running a business here I cannot remember such a contentious topic, from both sides.
At the time I wrote this article I was nonplussed at the reaction that we were getting from close friends and former regulars that we had somehow, strangely, “sold out.”
Making a decision to run one’s own company as one thinks best suits it is not “selling out.” It is, rather, making a commitment to do the right thing, the American thing, as we see it, and to follow through with steadfastness. Some of our regulars have not come back. So be it. That is their choice in this nation that, hitherto at least, allows free decision(s).
The important thing, as stated, is that the thief-in-the-night approach of the original ordinance, the instructions to the commission by an arbitrary group to pass it, pass it fast, and pass it without abridgement, was shameful, pure and simple.
This issue should actually of course be decided by the actual business owner, but the next best thing and---with this scenario the only fair thing---is to let the people speak. Do so. Tuesday. Those of you who are fortunate enough to be “allowed” to vote, make do excuses, do it.
It is sad that so many people have become so emotional about a business issue…from the owners side I can empathize perfectly, it is they who have invested their own sweat and money and who have fought intervention every step of the way.
As for myself, I'm done with it. I am not allowed to vote in the election because of where I live, although I recently had to get a city permit to re-roof my house, I pay taxes in the city, I own two businesses in the city, the powers-that-be have judged I am not qualified to express my opinion via the ballot. I have tried to speak fairly and honestly for some of you. Return the favor by voting.
This little battle has cost a lot of us dearly…friends, treasure, faith in the future of their community. After over 30 years of creating memories for Emporian’s, my photography studio is suffering because people cannot separate my passion of my politics from my skill as a portrait artist. Alright. As crusaders that was the choice we made. So be it.
But we have achieved what I and many others have fought long and hard for…that is the opportunity for this to go to a ballot to be decided by the people. Alright, people.
Your turn.

S. C. Dixon

April 4, 2009 at 3:01 p.m. ( | suggest removal )

josiesbar (anonymous) says...

S.C.--

Great article! My question to you...

Bobbi Sauder stood in front of the City Commission and said she couldn't wait for the smoking ban so she could go to The Noose and could enjoy the live music in a non-smoking environment. How many times has she been in your establishment?

Matt (who already knows the answer)

April 4, 2009 at 4:36 p.m. ( | suggest removal )

Steve_Corbin (anonymous) says...

Matt, You couldn't possibly know the answer as you haven't been in the NOOSE every hour of every day.

Please let S.C. answer, if he cares to?
Steve

April 4, 2009 at 4:47 p.m. ( | suggest removal )

djdiablo (anonymous) says...

In all fairness I'm not down there all the time either, but so far I have not seen them, nor has anyone, friends or staff, told me that anyone from CAE had been in, and I'm sure that they would have let me know had it been the case.
My band played Friday and we (finally) had an impressive crowd, but I personally did not see anyone from CAE.
When all this came up, I heard from a lot of people, in fact including family members, who assured me that they would be regular fixtures if we would go smoke free. The sad truth is it ain’t been a happenin’ thang, folks…
(Several cliché’s spring immediately to mind: conspicuous in their absence, staying away in droves, etc.)
I have been more inspired by our smokers, some new faces and a very few of our old crowd who have returned to the fold, who step up to the plate and admit that they don’t mind popping outside for a smoke, in fact some have actually said that they prefer it. Of course we’re lucky enough to have had the space to build a covered designated smoking area while other venues, like the Town Royal don’t have that option, which hardly seems fair.
But in our case, however we look at it, it still boils down to “choice,” which I believe is a wonderful thing. Good bad or indifferent, WE made the decision and if it succeeds we will take the credit, if it fails we will take the blame. CAE had nothing to do with it, which, in a democratic republic, is how it should be.
Vote “NO” on Tuesday.

S. C. Dixon

April 5, 2009 at 11:21 a.m. ( | suggest removal )

josiesbar (anonymous) says...

Thanks for clearing that up, S.C.

April 5, 2009 at 12:45 p.m. ( | suggest removal )

ProfessorRichards (anonymous) says...

Business owners should indeed be allowed to make the decision for smoking or nonsmoking themselves. Word of caution though--if the whole town is forced to go nonsmoking, Dixon's position as a non-smoking venue will no longer be unique, and business will likely suffer.

April 5, 2009 at 10:53 p.m. ( | suggest removal )

77flint (anonymous) says...

Steve "The Wise" has spoken.

and YY4U is still play with quote book he got for X-mas!!

April 6, 2009 at 8:35 a.m. ( | suggest removal )

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