Law Suits: AZ Phoenix Metro Sportz Bar Fight

Bar owner who fought smoking ban concedes defeat

Amanda J. Crawford, The Arizona Republic
Jan. 28, 2008

A Phoenix bar owner who claimed to have found a loophole in the state’s indoor smoking ban has conceded defeat, agreeing to pay the state a fine of $10,000 for violating the law.

Alfonso Larriva waged a court challenge after he became the first business owner cited under the law, which went into effect in May. He argued that vents in the walls of Metro Sportz Bar and his three other local watering holes meant the bars were not “enclosed” spaces and therefore not subject to the law.

A Superior Court judge issued a preliminary injunction in June, forcing Larriva to make customers snuff out their cigarettes or move outside.?
Larriva pledged to keep fighting, but after spending about $20,000 on legal fees and facing potential fines of more than $100,000 he decided to give in. Plus, he says, customers now say the ban isn’t that bad.

“People are not as unhappy about it as they used to be,” Larriva said. “Now even the smokers say it is nice outside. They’ve adjusted to it.”

According to the Arizona Department of Health Services, enforcement officers are seeing widespread compliance with the Smoke Free Arizona Act, passed by voters in 2006. Public complaints have fallen to less than 150 in January from a peak of nearly 1,400 in May.

“This settlement is a signal to everyone that we will continue to vigorously enforce the Act, and any operators who continue to allow smoking indoors will face similar enforcement efforts,” Attorney General Terry Goddard said of the settlement in a statement.

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Judge Tells Bar Owner to Observe Smoking Ban

June 16th, 2007
by Sandra Haros/KTAR

A local bar owner fights the system to allow smoking in his four Valley bars. He lost the battle in Superior Court Friday and gets a preliminary injunction.

“We’re just real disappointed with the ruling. But if there’s an injunction issued we’re going to comply with it and do whatever the judge says,” says Alfonso Larriva.

Larriva had gone against the statewide ban saying he had made modifications including installing vent-type openings that made the bars not enclosed.

He says he may fight the judge’s decision.

“Well, the people passed the law that says you can’t smoke in an enclosed area. I think that that’s clear. I don’t know quite why the judge says you have to have a whole wall missing to be other than enclosed. It seems arbitrary.”

He says ultimately it’s small business owners like himself who are suffering the most because of the law.

The judge did compliment Larriva’s bravery and candor during today’s hearing.

Phoenix shuts down saloon that’s battling smoking ban

May. 26, 2007

Phoenix building inspectors Friday cut off gas and electricity to the Maverick Saloon, where the owner has refused to comply with the new state smoking law.

The bar, 9605 N. 19th Ave., got an “unsafe to occupy” notice after inspectors found a gas leak in the kitchen, an improperly installed gas line, an unsafe electrical system and other violations.

It’s one of four bars owned by Alfonso Larriva, who is challenging Arizona’s smoking ban in court.
Officials cited imminent danger to occupants, said Michael Hammett, a city spokesman.

“It’s the city’s way of doing things – it’s heavy-handed,” Larriva said Friday. “I intend to write checks until it’s fixed.”

Larriva has said that the vents he installed in place of windows at his bars mean that the bars aren’t “enclosed areas” and that smoking is still allowed. State officials want a judge to levy $100,000 in fines and issue an injunction to stop smoking in his bars.