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Mogie's Pub, 436 Water St., is part of the Tavern League of Wisconsin but not active in the action against the city-wide smoking ban. "I've had no complaints. People who smoke still come here," Owner Daivd Donnelly said.

Tavern League fights smoking ban

Local business seeing losses in face of city-wide prohibition

By: Gillian Ekern

Posted: 9/25/08

July 1 marked the first day of Eau Claire's citywide smoking ban. Not even three months later, people are taking action against it - most notably the Tavern League of Wisconsin.

Eau Claire County's Tavern League President Sally Jo Birtzer said city businesses are at an average of 35 to 45 percent loss since the start of the smoking ban.

Birtzer's main concern remains with the small business sector of bars, restaurants and taverns in the city.

"Small businesses are going out of business and chains are picking up the liquor licenses," she said. "This is completely wrecking their livelihood."

According to the Tavern League's Web site, tlw.org, "a small business person should have the right to choose how to run their business within the confines of the law," and by these means they wish "to help fight a statewide smoking ban in all public places."

So far a statewide smoking ban hasn't been passed in Wisconsin, but Madison, Menomoniee, Oshkosh, and Appleton have also issued citywide bans.

David Donnelly, manager of Mogie's Pub and Restaurant, 436 Water St., said the ban wasn't giving him any problems.

"I've had no complaints," he said. "People who smoke still come here."

He also believes it may be too soon to make an educated observation.

"It's too short a time period to judge," Donnelly said. "It's not even a full quarter. You have to compare apples to apples."

Mogie's is a member of the tavern league, but Donnelly said they aren't active in the association.

"People are down here to eat and drink," he said, "whether they can have a cigarette isn't the issue."

The Tavern League isn't actually running the refusal of the ban. They sent out a letter to city tavern owners in order to receive support on the issue. More than 40 of these businesses responded and are now in the process of taking action against the ban. The Tavern League is attempting to aid them in the struggle.

Birtzer said Madison has lost more than 30 bars and Eau Claire could experience similar results.

"It's a rights issue more than a health issue," she said.

Laura Janas is the manager of Dooleys Pub, 442 Water St. Janas said the smoking ban is really nothing of an issue for their business since they have been smoke-free since the beginning.

She said other bars in Eau Claire can't say the same thing, however.

"All kinds of establishments are losing business," Janas said. "They have a right to fight it, but I think it's a losing battle."

Personally, she said whether an establishment is smoking or non-smoking doesn't factor in her decision to go there.

"I have no preference. I go to bars that have smoking and it doesn't bother me," she said. "I go to bars that don't have smoking and it's much nicer, but it doesn't bother me."

Janas thought the loss of business could be a bar-patron loyalty issue.

"If their patrons aren't coming because they can't smoke, they weren't true patrons to begin with."