One month into the Kansas smoking ban and a Wellington bar is preparing to close. Julie Crow says her business dropped about 40% between June and July when the ban went into effect. She's put her wait staff on notice, business may not last much longer.
People spend more time standing outside Julie's Pass Time bar than they do buying beers inside. 80% of Crow's customers smoke, including herself. And since the ban started, she's struggled to fill the stools in her bar. "It's one thing if I run my business into the ground. But when the government cuts my business in half because of the smoking issue, than their not giving me any choice," Crow said.
Customer Toni Clark says she now often chooses to stay home, when she used to spend most of her time at the bar. "Now maybe once a week. And we don't stay as long because you can't sit in here and smoke," Clark said. Many of Crow's other customers are ending up at the VFW or American Legion, which are considered private clubs. If you're a member or with a member, you're allowed to smoke in the establishment.
Crow says that's what upsets her the most, the uneven playing field. She says most people in Wellington qualify for one of those places and she can't blame them for choosing to go there. "Their just doing what's best for them and I'm trying to do the best for me," she said. And what's best for her bottom line will likely be to close. "I gave my girls 60 days notice." She says if pouring beers is no longer paying the bills, she has no choice. "It's going to be sad," Clark said.
There are two pending court cases against the statewide smoking ban. One in Topeka led to a temporary restraining order allowing 31 private clubs to be exempt from the ban. The state has filed an appeal.
The other is in Wichita, where a judge issued a restraining order after several businesses filed a lawsuit. It argues a local smoking ordinance can be used if it's as strict as the statewide law. A hearing on that case is set for August 19th.
Crow says the state should move to a system like Wichita, allowing smoking in places that don't allow children. She says the state can make a lot of money of off that licensing, but instead businesses are going to close.
