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Small-town "nanny-statist government goes too far

From Eugene, Oregon Register-Guard comes this story:

Bar owners, city at odds over shrubs
They could be considered the $23,000 shrubs.

In an effort to comply with the city of Eugene’s 2005 outdoor smoking ordinance, owners at the Horsehead bar downtown said they spent more than $10,000 to replace tall fencing surrounding its back smoking area with planter boxes containing arborvitae and other plants.

Their solution, owners say, satisfies the idea behind the code — keeping employees safe from second-hand smoke. The code prohibits smoking within 10 feet of doorways and requires that 75 percent or more of smoking enclosures be open to outdoor air.

The city planning division disagreed, defining the vegetation as a wall capable of trapping enough smoke to harm bar workers. They also said the shrubbery went in opposition to explicit directions against its use when they conditionally approved a building permit for the planters last year.

As a result, the city has levied $12,960 in fines against the Horsehead since February.

The squabble has already gone before a city hearings official, who upheld the planning division’s interpretation that arborvitae are a wall.

It’s now headed to Lane County Circuit Court and possibly to the Eugene City Council, where councilors Betty Taylor and Bonny Bettman have said the code may need clarification.

Like this is a wall: Christ on a corn-dog -- this is a perfect example of useless "nanny-stateism". People in positions of authority not engaging their brains and causing damage to others through unintended consequences... It will be interesting to see if these people are still in public office after the next elections... Posted by DaveH at May 7, 2008 6:17 PM | TrackBack