By Paul Minnis, The Republic Reporter
Second of a four-part series
Patrons will be asked the same question they’ve always been asked when they visit Home Folks Family Restaurant starting Wednesday: “Smoking or nonsmoking?”
Larry Misner claims his eatery on 25th Street is a private club exempt from Columbus’ no-smoking ordinance, which takes effect Wednesday.
He might post signs asking customers not to smoke, he said, but he will continue to provide a smoking section with ashtrays.
“If they want to do it, they can,” he said. “My customers have a right to make up their own minds.”
Misner said he worries only that city government will not share his opinion that Home Folks is a private club. He says he will not pay any fines, and he is willing to go to court if it comes to that.
Columbus City Council in August passed an ordinance that bans smoking in all public places except bars and private clubs.
The ordinance defines a private club as a facility owned or operated by an association or cooperation, and which must not be operated for financial gain.
It must be registered under Indiana law, and the Internal Revenue Service must have identified it as operating under nonprofit status.
It must have a membership either:
Formed as a lodge, local chapter, or corresponding unit of a fraternal order recognized on a national basis.
Consisting of U.S. military veterans.
Formed as a recognized, exclusive association of people sharing a common purpose for which membership, payment of dues and self governance are distinguishing characteristics. Entry and use of the facility is restricted to members and their guests.
Misner said the ordinance is bogus because it discriminates. Regardless, in his mind, Home Folks has been a private club for years, and it should not be included.
The Homefolks Dining Club began in 1996 as a way to thank customers for their patronage, he said. People simply have to fill out a short form to become members.
Each member is assigned a number that he writes on the receipt part of the guest check and puts in a container beside the cash register after every visit.
Misner draws five numbers each week from the container. Each winner gets $10 in food coupons.
Membership is free, and it is not required. Misner said more than 1,300 people have joined so far.
Home Folks Dining Club is synonymous with Home Folks, he said, which is why he thinks the restaurant qualifies as a private club.
Peggy Voelz, who heads the Tobacco Awareness Team, said that claim is absurd. Home Folks is for profit, and it allows anyone to enter, regardless of who they are.
City Attorney Tim Coriden said that if Home Folks was cited, Misner would have to produce documents to prove his restaurant meets the “private club” definition.
“If he could do that, then the citation would be vacated,” Coriden said.
Misner estimated half of his customers smoke. If he were to prohibit smoking, he worries he would lose many of his regular customers.
Other business owners plan to defy the ordinance, he said, although he only would identify Debbie Kramer from Kramer’s Kitchen.
Kramer reiterated that she would let her customers smoke and that she would pay fines. She has never claimed to have a private club.
Voelz said she knows of no other business owners who plan to defy the ordinance. Some, including Skooter’s and Shorty’s Lunch, went smoke-free about a month ago.
“I’ve found overwhelming support,” she said. “The ones who don’t want to comply are just the ones making the most noise.”
The city has set a fine of $50 per offense with no set limit. Enforcement will be complaint-driven, with the mayor’s office following up on violations to impose fines.