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Colorado Lliquor Excise Taxes- one year post smoking ban
Colorado Bar and Tavern Reveues- one year post smoking ban
Coalition For Equal Rights Press Release on September 10, 2007
Chuck Baker Show July 13, 2007 – First Hour Chuck Baker Show July 13, 2007 – Second Hour
Aurora Sentinel, July 18, 2007, “Where there’s Smoke . . . Sales Climb Higher?” by Sara Castellanos
Forces.org,
July 20, 2007, “Opposition to Smoking Bans Heats up: Economic Impact,” by
Norman E. Kjono
July 23 –
On July 13, 2007
the first real time study of statewide economic impact imposed by smoking bans in Colorado
was posted to Forces.org and StopTheBans.com. Since that original posting of the data an in-depth discussion of the revenue
analysis has been presented on the Chuck Baker Show (Radio Colorado Network, KKKK radio, Colorado
Springs) and the Aurora Sentinel has published a revealing article on
the subject of smoking ban economic impact. In addition, a comprehensive report by Forces columnist Norman E. Kjono that places
Colorado smoking ban
impact in context of similar results for other states has been posted by Forces.org. Click on the above
links to review the smoking ban impact data, listen to local impact reports and a page-by-page discussion of the analysis
results, read what the Aurora Sentinel published, and review a report about similar results in other states.
The data reports
are based on Colorado Department of Revenue statistics for Liquor Sales Taxes receipts, Restaurant Revenues, and Tavern License
holder revenue. It turns out that politicians and anti-tobacco are stealing the economic future from bar owners and taxpayers.
Three tobacco control Social Marketing themes are credibly proven to be false by data from the State of Colorado
Department of Revenue:
1. Smoking
bans are good for hospitality business owners and taxpayers: To the contrary. After the Colorado
smoking ban became effective July 1, 2006
previously increasing trends in bar trade revenues abruptly reversed and bar revenues began to decline from preceding highs
at an increasing rate. At the same time, the trend for Colorado Liquor Excise Taxes reversed from previous increasing trends.
Both tavern license business owners and Colorado
taxpayers – smokers and nonsmokers alike – are losing with the smoking ban in bars.
2. Nonsmokers will flock to bars that go “Smoke
Free” to make up for lost patrons who smoke: Patently false. In fact, the reversal or bar revenue trends
shows precisely the opposite. There is a net loss of customers and
their revenues to bars under the Colorado smoking ban compared to previous trends. If the
effects of smoking bans were positive why did Colorado Restaurant Association members inform legislators
they would oppose the ban if bars received an exemption? If the effects of smoking bans were predictably positive as tobacco
control claims then restaurant owners would encourage the bar exemption, which would give them a market advantage. The opposite is true: smoking bans impose a predictable loss on bar revenues while
restaurant revenues rise. The so-called “Level Playing Field” theory of Social Marketing and smoking bans is proven
false at tavern license holder’s expense.
3. Hospitality trade establishments that lose revenues under smoking bans are “marginal”
enterprises. Untrue. That self-serving negative label applied by tobacco control advocates
to bars is proven false. First, the anecdotal discussions reveal many circumstances that give a market advantage to some bars
while imposing predictable losses on others. Second, the clear pattern of patrons migrating to bars that can accommodate them
with outside smoking areas proves the losses to other bars are directly related to the smoking ban and not other market factors.
Finally, since the Colorado Department of Revenue data are for the entire bar trade consisting of drinking places the data
say that tobacco control negatively labels the entire bar trade segment of the hospitality trade as “marginal”
to advance their pharmaceutical mercantile agenda.
Please join in supporting the Colorado Coalition for Equal Rights opposition to smoking bans imposed
by out-of-state pharmaceutical special-interests.
SMOKING BAN STATUS AS OF JULY 12th, 2007
First let me say we are not defeated.
We may have lost a couple of battles but we're still in the war and, as in all wars, victory is almost always
a case of which side gives up first. Giving up is, without question, unacceptable to the Coalition for Equal rights and
the many others who see that if the inch by inch erosion of liberty and justice is not stopped here and now, freedom
of choice will become nothing more than a fond memory of why this country was founded in the first place, and
worse, an insult to the many who fought and died to protect and defend that freedom. I
know there has not been much to say lately but, that does not mean we have lost the will to prevail, it only means we have
changed the direction and the tactics. You can rest assured there is much in the works and that we are newly invigorated by
this much needed change of approach. Our focus was on the wrong thing, the smoking ban. We now know that directly fighting
the smoking ban always set us against tobacco control's trump card, health, and that, because of the false, fraudulent
and insidious propaganda campaign they have foisted on the public for years, has always led us to defeat. Now,
we are focusing on those who funded tobacco control's agenda and their unwarranted and unethical influence
and interference in the legitimate interests of the government and public. This has required extensive and time consuming
researching, compiling documentation of the factual truths behind that effort and orchestrating all of that into an approach
that avoids a direct confrontation with the "alleged health risks" which are the false evidential focus of
the trump card in tobacco control's contentions. I cannot and will not go further in explaining how these efforts will apply. Now is not the time and it would be
imprudent of me to let the cat out of the bag at this point in time. Surprise is always an advantage and that is
impossible if one lays all his cards on the table before playing them. Enough said. I would however, recommend that those who
are able listen to the Chuck Baker show tomorrow, Friday. In addition CER members should check the StopTheBans
Web sit later next week. We will be posting data files and audio links that should be of great interest. We
do need a resurgence in money raising efforts. I am well aware many of you in the hospitality industry have suffered down
turns, to put it mildly, in business. I myself own a tavern and feel the pinch as much as anyone. However we must all stay
the course and give what we can. All wars cost money but, this is a fight we can't afford to loose. We are working
in conjunction with the Colorado Licensed Beverage Association who support our efforts. If your business is not a member of
the CLBA, I urge you to join. A united effort is always better and has a greater chance at succeeding. Also any amount of
financial help is always needed and appreciated. Patrick Gire, our Web Master will be setting up a Pay Pal system, or
the like kind, on the site soon. We also have opened up a donation account, Freedom Fund, we thought that a good name, at
Wells Fargo. Details will be explained ASAP. I will, from this
point onward, periodically post updates on our efforts on this web site. There is good news coming but, as yet, I can't
say exactly when. I assure you however, that we are alive and well and involved in efforts to attain a favorable outcome
to relieve the burdensome effects of the smoking ban we all have suffered from and to recover the damages you have experienced as
a consequence of the tyranny it represents. Feel free to contact me with any questions or ideas you may have. Thanks
for your past and hopefully future support and my best wishes to you and yours. Hang in there baby, the
bow is not broken yet. Coalition for Equal Rights
SMOKING BAN STATUS AS OF FEB.
23RD 2007
Ellen Roberts bill to eliminate cigarettes from cigar bars exemption.
Passed in committee and moved to appropriation. It will be heard before the full House where it is believed that it
will pass. It should be noted that Robert Orio was approached in the hall after-wards by 4 of the Representatives (2-for,
2-against) and in the conversation the reps. said they thought we were being given some compensation for our losses by the
state. They seemed really surprised that we were not. Robert was not able to get a reading on how that might effect
their future votes. The lobbyist for CLBA believes we are within 2 votes of defeating the Roberts bill in the Senate.
Hope this works!
The bill to allow smoking in Veterans clubs was defeated in committee the only positive
piece was a questionable statement by Chris Romer he said, " If casinos remain exempted I will reconsider my vote."
Our bill 5b-103 was also defeated in committee. Romer made the same questionable statement regarding
casinos. While the committee does not sympathize with us, they complimented the group that testified for us on the bill.
We were noted as one of the more professional and well organized presentations by an opposing group.
On
that afternoon, it was believed that a possibility that if casinos were to remain exempted that a late bill could be introduced
and we could pressure Romer to live up to the questionable comment. Since then we are being told the window for late
bills is probably closed. The lobbyists' are to feel out Romer about asking to reconsider our bill and bring it
to the floor.
That brings us to the casino bill . It is very simple and short. It only asks
to remove the casinos exemption. It doesn't include airport lounges, tobacco bars, or patios. While it made
it out of the House Health Committee, we think it moved to appropriations to re-check cost of the bill. When it goes
to the full floor they believe they have the votes to pass it. However, the Senate is another story. A one or
two vote swing is there to defeat it and economic impact (cost to the state in administration and income) will be the reason
it does not pass.
The appeal of the entire act continues to move fore-ward. Mr. Becker (Our
Attoney) filed our paperwork (the brief) on Jan. 17th. The state was to file their brief by Feb. 20th. As expected
they asked for a 10 day extension, which our attorney agreed to. It gives him the right to request one if he needs it
on his end in the next step. The 10th circuit will look over it and ask any additional questions. We understand
it would then be scheduled for a court date. Mr. Becker believed this is still a 50/50 deal and is prepared to appeal
to the Supreme Court. Of course the Supreme Court does not have to hear the case but chances are good that they
would.
Mr. Becker expressed his disappointment that we did not prevail on #103 but he pointed out that
our appeal to overturn the ban would have been weakened quite a bit. He also noted that if casinos are placed under
the ban, we also would have a very weak case with just the airport and tobacco bars left in the exemption.
On a positive note- we defeated the effort to make us purchase a license to sell cigarettes.
On a
separate note, the civil disobedience movement started in Colo. Springs has resulted in some press and we all like to see out issue to continue to receive attention.
The opposition has 25 years of particularly nonfactual statements ingrained in the public mind and continues to manufacture
ads that amplify their message of health ( even if it is not scientifically sound).
Please remember
- we are businesses. Men and women engaged in running businesses that deserve the same respect that other businesses
have. On behalf of our President Deb Lile I have prepared this update and hope you will be able to attend the March 7th meeting at
the Golden VFW.
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