NYSRA needs to admit that smoking ban is choking some of its members' livelihoods

I own three small bars on the Upper West Side of Manhattan and am a member in good standing of the New York State Restaurant Association.

Each one of my bars is unique and entertains a different crowd. Each bar has been affected by the smoking ban in a completely different way, and I have had to deal with the backlash of the ban in each establishment differently in order to survive. The bottom line, however, is that each bar was and still is negatively affected by the ban.

That being said, I am very confused by the NYSRA's position on New York's smoking ban. What is its stance on the smoking-ban issue? So far NYSRA officials have divided not only the industry but also their own organization. Does the NYSRA support the ban or not?

The organization has issued three surveys. Two surveys were conducted on the city level, and one was conducted on the state level. The city surveys asked direct questions, such as these: Do we as members of the hospitality industry support the smoking ban? Have our businesses suffered? Have we had to lay off employees? Although the city surveys did not receive a great response, the results of both surveys did indicate that members were not in favor of the smoking ban.

The NYSRA issued only one survey that was for the state. That survey was very confusing. It did not ask, "Do you support the smoking ban?" Instead, the question posed was this, "Would you support the ban if a level playing field for all bars and restaurants was created?" Only a very small percentage, 16 percent, of the NYSRA membership responded to the state survey. The results of the small response indicated that the membership would support a "level playing field." With that information in hand, the NYSRA repeatedly has been quoted as saying that "the ban is good for business, and the NYSRA supports it."

I, as well as numerous other members, see the ban as a direct threat to the industry and feel that the NYSRA's stance does not accurately reflect the majority opinion on the subject.

After some relentless urging by some of the membership, the NYSRA held a meeting at the Desmond Hotel in Albany, N.Y., to discuss the survey results further. Sadly, the turnout was much less than we had hoped. Rumor had it that the NYSRA's board of directors deliberately censored the announcement of this meeting. However, rumors are just that.

Of the members in attendance that day, I would say three-quarters were against the ban. At the close of that meeting, the NYSRA stated that it would consider releasing a statement acknowledging that a segment of the industry is suffering as a result of the ban, and it would revisit the issue of its stance.

No statement, to date, has been issued. Instead, in two recent articles published in the Albany Times and a London paper, Rick Sampson, president of the NYSRA, was quoted as saying that despite initial complaints from customers who smoke and a slight dip in trade, most businesses are pleased with the ban. Where is Sampson getting his facts? Did the meeting at the Desmond Hotel--where members called the ban unfair, draconian and devastating--not take place?

I have been told several times by NYSRA directors to "back off" the issue because the NYSRA does not want to be seen as a "one-issue" organization. It also has been stated to me that the directors feel that if the NYSRA reverses its stance on the ban, the organization would lose credibility with the politicians. My response has been, "You have already lost credibility in my eyes; this is an issue that is directly affecting my business and my livelihood; and I will not 'back off' until the NYSRA makes a statement that reflects truthfully and fairly the sentiments of all of its members."

In closing, I would like to share something that also has been stated to me several times by the NYSRA. According to the officials from the organization, "The NYSRA does not represent bars and taverns; we are a restaurant association." Foolish me for thinking differently, but it has taken my dues for the last 15 years!

So, directors of the NYSRA, I leave you with this: Have the professionalism to admit publicly that there are members who are being affected adversely by the ban, and do not dismiss us and call us the "vocal minority." The NYSRA should state that "the NYSRA does not support the smoking ban, but we do support a level playing field. Whether it is long term for some or short term for others, we realize that the ban has been harmful to our industry."

This article does not necessarily reflect the opinions of the editors and management at Nation's Restaurant News.

COPYRIGHT 2004 Reproduced with permission of the copyright holder. Further reproduction or distribution is prohibited without permission.
COPYRIGHT 2004 Gale Group