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Eugene fines local bar for shrubbery, sense-making

The city of Eugene has fined the Horsehead bar $12,960 dollars for a row of arborvitae in the bar’s outdoor smoking area. The city’s smoking ordinance mandates that at least 75 percent of a smoking area be open to outdoor air, and, according to the city planning commission, that row of plants constituted a wall, violating the ordinance.

The owners of the Horsehead are understandably pissed, especially since they already spent $10,000 tearing down the old fence that used to enclose the area in an attempt to conform to the 2005 smoking ordinance. The new row of arborvitae was supposed to allow air to circulate and give patrons privacy from downtown Eugene’s omnipresent street kids and hobos.

Apparently the city of Eugene has a very loose definition of “wall” because the planning commission also deemed the wrought-iron fence around Jameson’s outdoor area violated the code. Patrons are no longer allowed to smoke there, either.

Just another ridiculous moment in the annals of bureaucracy. For all those interested, there will be a smoke-in on Monday, May 12, 11 a.m. to 2 p.m. in the EMU amphitheater to protest all such asinine ordinances and laws targeting smokers. See you there.

P.S. The R-G story I linked to up top has a picture with the offending “wall” in the background. See for yourself. If that’s a wall, then I’m the bastard child of Elvis and Mother Teresa.

P.P.S. Hey everyone, we’re on Fark. So, uh … go us.

  1. Betz says:

    We do, but I haven’t met too many in Eugene (except for ‘brother’ Jeb (Jed?) when he gave me the birds and bees talk via megaphone). These aren’t crazy christian republicans, though….more than likely, the issue was brought on by an over-zealous misinterpretation of the law by a non-smoker who wishes to make the life of all other smokers and smoke-friendly affiliates pay for … and thats where I get lost, because really: when’s the last time a line of vegetation really prevented a wall of smoke/gas from seeping through? And really, no one calls a row of bushes a ‘wall’ …. even a hedge, which is more wall-like, is never referred to as a wall. Thats why we have the word ‘hedge’!

    Bah I’m rambling *grumble, grumble*…

  2. Outrageous and insane. You guys have insane Christian Republicans in your country, it sounds like.

  3. CJ Ciaramella says:

    Yeah, the Horsehead is appealing. It’s going back to the City Council and maybe the Lane County Circuit Court.

  4. Timothy says:

    Marx was wrong, ALL CAPS, not religion, are the opiate of the masses.

  5. Betz says:

    “I DON

  6. R says:

    Our opinions on whether smoking is a good or bad idea, a health hazard, and so forth shouldn’t ever play a part in the decision of allowing someone else to make their own decisions.

    I’m a non-smoker, who thinks 2nd hand smoke is foul, and I support the smoking patio 100%. I used to sit out there often with my friends while we shared a pitcher and they would chain smoke. If it bothered me, I had a choice to leave. I could go inside and play some pool, check out tunes on the new jukebox, play darts. I wasn’t out of options.

    It’s a g**damned bar. What next? A law against one night stands after leaving a bar drunk?

  7. PATRICK says:

    HEY JEREMY…GO AND FUCK YOURSELF !!!!!

    NOTHING WORSE THAN A REFORMED, JUDGEMENTAL ASSHOLE TO
    SPEW THIER CRAP AT OTHERS…

    I DON’T NEED A LOGICAL REASON FOR ANYTHING I DO…

    IF I DO IT ..IT’S NONE OF YOU DAMN BUSINESS…

  8. Jerry says:

    Just proves Oregon SUCKS.

  9. Chris Holman says:

    Let’s not forget that the Horsehead is one of the few SUCCESSFUL downtown establishments. In a time when Eugene is trying to develop its downtown area, it is surprising that they would levy 12K fines for replacing a fence with greenery. Are they trying to chip away at local businesses in the downtown area?

  10. Coyo7e says:

    I live in Eugene, and I think that the hedge wall that the Horsehead put up was both effective and attractive, and improved the area it is located. For a 25 foot wall of evergreen shrubs and planters, a $12k fine is absurd!

  11. Vincent says:

    I just wonder how shocked people who’re here visiting for the Olympic trials will be when they get yelled at for breaking Eugene’s draconian smoking laws.

  12. Bob Pepper says:

    This problem is not about smoking. This problem is about overzealous liberals who, one-by-one, usurp our freedoms. These liberal bureaucrats know what

  13. edward says:

    Also I don’t think I will visit EUGENE OREGON again and give them the satisfaction of getting my tourism money,maybe I’ll try CUBA!!

  14. edward says:

    I have been to Eugene,I live in Kentucky.I think its a shame that as adults we can’t smoke as and when we please. We might as well live in a monarchy because that’s how we are treated. FREE that’s what we call our country? We all better look again!! Before long we will all be slaves to our government,So I suggest we light up whereever we want especially in those places we are’nt allowed!!

  15. zach says:

    I’m not sure what the laws are in Oregon but in Ohio we have the same stupid smoking laws. Its a 1500 dollar fine if you get caught smoking cigs inside. Its only a 300 dollar fine if you get caught smoking weed. Moral of the story. I guess Ohio wants you to smoke weed more than cigs. Blaze up.

  16. Fred Mertz says:

    Lived there. Filled w/Eco-Nazis + ilk.

  17. Clay Dowling says:

    If that’s a wall then I’ve got a walled compound in my back yard. Or box hedges, take your pick.

  18. Sakaki says:

    People like Jeremy are the reason why school shootings, failing grades, and political correctness happen in our world.

  19. Ankharan says:

    Since people have been begging for cradle to grave government run lives… this is what you get.

    Anti-smokers… hope you are anti- everything else too because when they finally make smoking illegal… where do you think they will pull that lost revenue tax income?

    What do you think they will ban next? Because they will. And BTW, global warming… one more hoax perpetuated by liberals without a care as to what or who they lie to. Check the models. Check the data. For the love of pizza, just ask the former owner of the weather channel what is going on. It is BS. Ask why scientist who dispute the data are continuously ejected or refused admission to speak and present the data to “gatherings” of the global warming community. It isn’t because the GW’ers have data to back up the claims they are spewing that is for sure.

    back to the issue at hand. Do you not see the freedoms of private enterprises and individuals to slipping away any more… no, tey are being stripped quicker and quicker on a daily basis. for what? So someone else can micromanage your lives? Where is the individual responsibility of being in charge of your own lives. These people that keep on with their micromanagement of lives need a course in economics and environmental impact of stupid decisions they FORCE on free or used to be free people. Insane. Simply… insane. Pretty sad people… pretty darned sad. In two generations this country on its present course will be a democratic country. The second worst form of government.

  20. Wynper says:

    Having solved all the other problems, Eugene has decided to enforce this, apparently badly written ordinance.

    I don’t want a governmental parent. I am an adult.

  21. Drew says:

    I lived in Eugene from 1991-2001 and this is just another example of the city wasting tax payers money to control the citizens behavior of Eugene. Remember, this is a bar, where adult choose to go and make a decision of whether or not they want to be exposed to adult activities. Both drinking alcohol and smoking tobacco are adult activities and if an adult person does not want to be around those types of adult activities then don’t go to the bar. And if the city is worried about the employees of such establishments, let the employees make the choice if they want to work in an adult establishment or not. Put the responsiblility in the hand of the people. Don’t take it away and give it to the politicians. Sounds like Eugene is taking one step closer to being a socialist community.

  22. Fred Phillips says:

    I don’t care who ya are, this Fark thread on this subject is funny. http://forums.fark.com/cgi/fark/comments.pl?IDLink=3589142

  23. orwellduk says:

    Cigarettes are causing global -warming donate student fees now for the ospigg climate hot air blow job challenge and solar powered rock your cock off concert

  24. Chris Holman says:

    Maybe if we made prayer mandatory in bars, people would stop smoking.

  25. aelfheld says:

    Sieg Health! — P.J. O’Rourke

  26. randyc says:

    fuckem

  27. randy24 says:

    vincent,

    that was the most intelligent and thoughtful comment amongst the group. however I do think the town council or whomever should be elected out of or otherwise removed from office

  28. nate says:

    sweet. now i can walk through walls.

  29. Vincent says:

    I don

  30. Bumper says:

    Apparently common sense died in Eugene the same day as Pre.

    Maybe it’s time to rise up and smote the mindless bureaucrats.

    Smote not smoke!

  31. […] the old fence that used to enclose the area in an attempt to conform to the 2005 smoking ordinance. More…

  32. Jobetta says:

    I’m a militant anti-smoker who totally supports banning smoking in all indoor public places, and even I think this is ridiculous. I’ve been to Horsehead with friends who smoke on many occasions and have sat out there and it’s fine. There are other places in town where the smoke gets trapped far more than it does at Horsehead. Lame.

  33. DerangedPenguin says:

    I quit smoking, with the exception of an occasional very expensive cigar. This event just is one more point highlighting the shift from Liberalism to Liberal-Fascism. These politicians are on a total trip, wanting to control more and more of peoples lives, while placing themselves above their laws.

  34. Alicia says:

    Jeremy, some folks really do just enjoy the odd smoke. I should know, I’m one of them. I’ve never been a consistent smoker, and when I buy a pack I can’t seem to finish them before they go stale, but I like them anyway. I think the difference here is between people who smoke good cigarettes, which actually have a pleasant flavor and mild buzz, and folks who smoke things like marlboro lights simply because they need them.

    Don’t paint everyone with the brush of your own addiction.

  35. T says:

    “Why don

  36. T says:

    Ossie has a good point. People have been discussing a ban on smoking in public places at the UO for years. I remember when you could still buy cigs at Herb Essentials and the UO Bookstore, too. Man, those were the days.

  37. Jeremy says:

    This is a ridiculous interpretation of the word “wall.” However, some of the responses on this blog are equally ridiculous. I don’t get it. Why don’t you just quit smoking? Given all of the proof of its detrimental effect on your health, there is no logical rationale for smoking. And don’t give me the “I like to smoke” line. If you weren’t addicted to nicotine, you wouldn’t “like” smoking at all. Other than staving off the symptoms of withdrawal there is nothing pleasurable about smoking. I should know I smoked for years. But I was young and uneducated, whats your excuse?

  38. Ossie says:

    If the crazy smoking ban people get their way, people won’t be able to smoke in the amphitheater.

  39. Laura says:

    So you guys made fun of the Holy Cow people for having a sit in where they were allowed to sit, but chose the amphitheater for your smoke in? If you’re really trying to stand up for smokers’ right to light up wherever they choose, it seems as though you would pick somewhere they aren’t already allowed to smoke.

  40. Dave Barnes says:

    You miss the entire point.

    The point is to force people to stop smoking. So, the smoking area should be horrible. Anything that makes the smoking area more inviting is against the covert intent of the law.

    I say this as a virulent non-smoker who thinks anti-smoking laws are stupid.

  41. Olly says:

    Best quote, courtesy of Betty Taylor:

    “I think it

  42. Vincent says:

    The government is just trying to look out for you. It’s for your OWN GOOD. TRUST THEM.

  43. J. robert says:

    Bring me a shrubbery!

  44. Rmp155 says:

    Since the NAZIS took over (again)

  45. Buddy says:

    I’m a nonsmoker & I think this is asinine. Since when do bushes & fences constitute walls?

  46. CJ Ciaramella says:

    Your right, Sean. That ad doesn’t make me want to smoke out of spite …

    That ad makes me want to smoke out of pure joy.

  47. Sean says:

    On the other hand, that ads with the old woman with a hole in the throat don’t really make me want to smoke out of spite.

  48. Timothy says:

    These sorts of things and those anti-smoking ads (especially the odious TRUTH ones and the radio ad with the little kid whining about wanting his dad to quit) make me want to start smoking a pack an hour out of pure spite.

  49. Chris Holman says:

    Wow. I don’t smoke either, but I’m thinking of smoking in just to protest that kind of crap.

  50. I don't smoke says:

    Wow. That’s really dumb.


    Wow

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