Friday, December 19, 2008
Owner of Dallas bar Illusions gearing up to sue city over smoking ordinance
Eddie Bonner, the owner of Illusions on Maple Avenue in Dallas, thinks the city's new smoking ordinance will effectively put him out of business, and he's lining up his legal guns to fire up a lawsuit against the city.
His argument: the new ordinance will put his business at an unfair disadvantage because he neither has an outdoor patio nor space to build one. (Under terms of the new ordinance, smoking will still be allowed in outdoor bar/patio areas.)
City attorney Tom Perkins says, effectively, "bring it on," stating that no one else he's aware of has plans to file suit against the expanded smoking ban on businesses. Bonner, meanwhile, is gathering support and says he plans to take action within the next several weeks.
posted by JM
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Scott Doyle says:
I'm absolutely amazed this thread hasn't already been bogged down with single-issue hotheads.
Pls clarify the thought process here: It just ain't fair, revenue is probably already in the toilet b/c of the economy, and this dude wants to throw what's left at attorneys to stomp their feet and throw a tantrum for him?
Gather all the support you want, the Council is surely aware people will bitch and moan about this for at least a year. How is it their problem that you're not willing to make space for an outdoor patio.
*Mr. Bonner also says a provision in the ordinance that exposes bar owners to fines if patrons are caught smoking inside their facilities isn't legal.*
Really? So how do you explain bars being liable if they pour too much alcohol down a patron's throat and someone gets hurt as a result? It's not as though smoking can be concealed, either...should be a pretty damn simple issue to address if/when it occurs.
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11 months, 1 week agoLink to this comment | Suggest removal
Pavel Lishin says:
I wonder how many people sued for "unfair disadvantage" when the government started requiring wheelchair accessible ramps and such.
<img src="http://uploads.postfarm.net/public/postfarm/uploads-2.0/w/wheelchairramp.jpg">
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11 months, 1 week agoLink to this comment | Suggest removal
Tracy Yost says:
Maybe Illusions simply doesn't have the space for a patio, I know we don't. You win some, you lose some.
If he tries to sue, he will lose.
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11 months, 1 week agoLink to this comment | Suggest removal
Scott Doyle says:
Come now, Pavel - we both know that pic is from a shady Mexican town which clearly enjoys laughing at the handicapped.
Tracy, if you asked us nicely and provided the sledge-hammers...we'd be happy make patio space for y'all!
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11 months, 1 week agoLink to this comment | Suggest removal
nojunk says:
What people fail to realize is that if there is an opportunity to make cash, any lawyer will take your case. You don't have to have any chance to win.
Anonymous
11 months agoLink to this comment | Suggest removal
alexander troup says:
GOOD LUCK..... if you can, while the Texas Ash tray is on its way out.....A/T, ..Fashion and control over who is in fashion or vice.
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