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U.S. Newswire

OTC 05/04 1237

Farina: No Smoking Law Hurts Small Businesses

SACRAMENTO, May 4 /U.S. Newswire/ -- Libertarian candidate for Attorney General Joseph S. Farina blasted California's no-smoking law today after a study released in Sacramento by the American Beverage Institute showed that 60 percent of bartenders surveyed in the state of California stated that they lost business since the imposition of a draconian law in January 1998 prohibiting smoking in bars and restaurants.

In addition, 59 percent of the respondents stated that tips were down and 30 percent stated that they had to institute layoffs or shorter working shifts. According to Farina, the most disturbing aspect of the survey was that 50 percent of the respondents reported increased customer complaints or fights over the ban.

"If I were elected to office, I would urge local law enforcement officials to ignore violations of this clearly unconstitutional law and spend their limited resources going after dangerous and violent criminals, repeat offenders and child molesters," Farina said from his Sacramento office.

"California's no-smoking ban continues to be an outrageous and unconstitutional violation of the private property rights of bar and restaurant owners throughout the state of California. Not only have a small group of anti-smoking zealots browbeat legislators into taking away the rights of thousands of small-business owners in California, but they have turned millions of law abiding citizens into criminals for simply wishing to enjoy a cigarette or cigar with a drink or meal," Farina said.

"In a free market, a small-business owner should have the absolute right to determine what type of conduct he or she will allow in his or her privately owned business. If a customer or patron does not agree with the policies of the establishment, they can simply refuse to patronize that business.

"But in California, anti-smoking extremists and their Democrat and Republican allies have seen fit to drive many small businessmen and women and their employees to the brink of economic ruin by depriving them of both revenue and customers. They have turned law-abiding smokers into pariahs simply for enjoying a legal product. I hope all bar and restaurant owners, their employees and customers remember this when they go to the polls in June," Farina concluded.

Farina, 40, has been an attorney for 11 years and lives with his wife Ann and 9-year-old son Anthony in Sacramento. He grew up in New York and served honorably in the U.S. Army from 1976-1979. He attended the University of Maryland, College park, frm 1979-1982 and received his B.A. in history. He attended Santa Clara University School of Law from 1983-1986 and received his juris doctorate in May 1986. Farina currently practices criminal defense and civil litigation in Sacramento.

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