Revisiting the Avva Cigars Saga with DHS

The process is continuing in the fight for the rights of smokers at Avva Cigars.
I have acquired the actual transcripts from the Legislature when they were discussing SB571 which became the Smoke Free Workplace Law.
Note the points made by the Senator quoted:

SB571
WORK SESSION
/ unclear / Members of the Committee -9 / unclear / exception to the smoking prohibitions for “smoke shops”
It clarifies that smokes shops may sell alcohol in a specific lounge area between the hours of 3 pm and 8 pm.
[Clerk] Okay , Senator Porzanski.
[Senator Prozanski] Move / unclear / -9 amendment to SB5771 … for consideration
[Clerk] Senator Prozanski has moved for -9 amendment to Senate Bill 571. Is there any discussion?
[Senator Prozanski] Perhaps I’ll go over the amendment since most of the people here don’t know or have not had an opportunity to hear what the -9 Amendment is about. We had a testimony that was at our first public hearing which was in Eugene at the U of O Law School. And at that time we heard from an individual that actually owns a smoke shop or tobacco shop, and after hearing testimony I was compelled to bring forward the -9 Amendment. The -9 Amendment actually would define a smoke shop as a business that’s primarily engaged in the sale of tobacco products and smoke instruments as defined in the statutes. At least 75% of their gross revenue for the business will have to come from the sale of tobacco products. It will, in fact, prohibit individuals under the age of 18 from entering the premises . It will not allow for lottery gaming or any type of betting on premise. As anybody remembers the individual that gave the testimony talked about having lottery in his establishment . I think that after speaking to most of the committee members, we did not want to see this becoming a loophole for bars to be able to somehow stay in existence as they currently are. So by eliminating – or prohibiting, I should say – any type of gaming and requiring that the primary income come from the sale of tobacco .
And the next part on that component is that it needs to be a stand-alone business meaning that it cannot be structured in an area like what we would call a mall, so the ventilation system will not be tied in to any way, shape or fashion to allow smoke to come out of there.
The testimony that we heard in Eugene … it occurred to me that when you talk about smoke shops where you have cigars or pipe tobacco being sold, it’s not uncommon for individuals who are buying those items to want to test them or sample them. And it seems only right at this stage in our laws in the state, as well as in the country, with tobacco being a legal product, that this would be an appropriate exception to the bill.
It should be noted for those that are here, as we heard in the testimony in Eugene, this individual said everyone that worked for them were smokers because, as he stated, that it’s very important for those individuals to know the tobaccos they are selling and it was just basically common. So though we are concerned about making sure individuals who work in employment situations are not directly impacted by smoke or they have no choice, it appears that you are talking about a very small segment of the population that would be seeking those type of jobs. And, as he said, all of his employees in themselves are, in fact, smokers.

So as you can see, they intended for the "smoke shop" exemption to be for even those stores IN A MALL, IF they have their own ventilation. Avva has it's own HVAC and ventilation and in fact structurally is completely detached from the mall, and Sadeeh has the documentation from the City, the mall and the engineers to prove this. The next step is to meet with DHS to present all of this new information!

The Bus Project Returns (and it's sorta nasty!)

This ad for "voting" came to us courtesy of the Bus Project, the crazy leftwing nutjobs that we "outed" last Summer on the show. This is the bus that Jim Bernau from Willamette Valley Vineyards paid for.
Several questions come to my mind when I look at this photo ad:
1 - Why is she looking at his "election" that way?
2 - Is this all we will have left if 66 and 67 pass?
3 - Do these two work for the elections division and if so, should I have checked for STD's before opening my ballot?
4 - Couldn't they find some more normal looking Oregonians?
The left will do ANYTHING to get across their agenda. Even this. Oh well. At least we aren't left with his shortcomings.

Oregon Women Lead to have "Pro Choice Happy Hour"

I received an email from a listener and I have pasted it below and then I will tell you "the rest of the story"!

Dear Bill, I am a regular listener to your radio show and recently had an experience that bothered me. I'd like your opinion. Yesterday I picked up Salem Monthly to peruse and lo and behold, saw this advertisement.

Oregon Women Lead
invites women to celebrate the
37th Anniversary of Roe v. Wade
Friday, January 22, 2010 from 5-7 PM
at our inaugural monthly Pro Choice Happy Hour

Speakers: Bonnie Heitsch, Lori Warner,
& Jacqueline Zimmer

The Founders of Planned Parenthood in Salem

enjoy your choice of Delish' no host nibbles

RSVP:

Britta 503-399-9099 or Cindy 503-588-8713 Marco Polo Restaurant 300 Liberty St. SE Salem 300 Liberty St. SE Salem Lots of easy parking Now, I am an Oregon woman and I see nothing to celebrate in the tragedy of Roe v. Wade. I think they should rename "Oregon Woman Lead" - "Oregon Lead Women"- because any woman who believes that she, or anyone else has a right to kill the life in the womb must have a heart made of lead. I was sickened at the thought of these women munching on their "delish nibbles" at a Happy Hour celebrating such a tragedy. So, I did what any "normal" prolifer would do. I first called the organization. One line was busy, the other seemed like a woman's personal voice mail. Then, I called Marco Polo restaurant and asked to talk to whoever was responsible for reservations. I believe I talked to the owner of the restaurant, and English was not his first language. I talked very calmly and clearly, saying that I wanted to voice my objection to the pro-abortion group that was meeting there on the 22nd. He did not seem shaken, and seemed to understand what I was talking about. He said that they treat everyone equally, and asked for my name and phone number. I calmly explained that I believed that having this group celebrate at this business was equivalent to hosting Ku Klux clansmen, or a Nazi organization. These people were meeting to plot the destruction of more human life; and I wanted to be a voice for life. He could not have been threatened by my phone call unless he completely misunderstood what I was saying. We hung up cordially; or so I thought. About 45 minutes later I got a phone call saying "Is This Faith?" (my first name) I said, "Yup!" and they hung up. An hour later a policeman called, saying some "goob" had called a restaurant- it was a possible prank. I told him that I did indeed call a restaurant to voice my complaint over an organization that was meeting there. He wanted to make sure that there wasn't going to be a protest. I told him that I should not be getting contacted by the police for making a simple phone call, and if there was a protest that would be an entirely different matter, and the police should deal with that if that happened. He then wanted my full name and date of birth. He treated me as if I was a threat and a problem, and would not let me finish a sentence without trying to interrupt me. You know, as if someone else was in the room and he wanted to act as if I was yelling or acting beligerant. He finally said "I'm hanging up now", and did. I feel as if my rights are being stripped away; as if being pro-life suddenly nullifies my voice. My name is now under a case number- I am filed away- to be dealt with as they see fit. After this happened I looked at my children and for the first time REALLY started worrying about what kind of world they will inherit. The fight has become personal now. If people don't see life as a gift and treasure in itself; anyone is expendable. The aged, the handicapped, any children over the one child limit, or anyone who doesn't agree with the government, the list can go on and on. The leap from a woman's right to kill the life within her to the government forcibly taking that life is very short. God bless you in your fight for what is right and most respectful to human life- it is a comfort to have you on the air. Sincerely,

I left her name off for her own privacy.
Later yesterday I called the Salem Police Department to ask them about the case and found that the Marco Polo owner had indeed called the police "concerned that a protest would happen". The detective let them know that a protest is anyone's right and that was the end of the story.
Then, we allowed the emailer to tell her story on the air and her passion and compassion came through better then I could have done by just reading the ad.
We were bombarded with calls and especially after I gave out the names and phone numbers of the two ladies who were asking for RSVP's.
By the way, they have a website: http://oregonwomenlead.com/ and when you go there you will find that our fine Secretary of State, Kate Brown and our State Schools Superintendent Susan Castillo as well!

Many of my listeners called the two ladies and all of them were told "we have your phone number now and will be calling the police". As if that were a threat or something? Several listeners also called the restaurant and talked to the owner.
Here is how one of those conversations went:

Just called the Marco Polo, talked to Jackie, a very pleasent Asian lady who is the owner along with her husband and son. She said that when the OWL group scheduled this event, for the 22nd, she had no idea what they stood for. And they really feel caught in the middle on this. She also let me know that times are really tough for them right now and they need the business.
I told her that OWL has planned this to be a monthly event and that if they continue to meet at Morco Polo's then my family and many others will not frequent their resturant.
I really don't think OWL will meet their again from what I was able to understand through Jackies broken English. If that is the fact then WE need to support Marco Polo's with our business...and let them know why we are there.
If you call the Marco Polo, please be civil, speak your mind, but be nice to them.

Lastly, on their website they list "Opportunities to Serve". This made Keizer City Councilman Brandon Smith very interested. He wrote the following to me:

Here's an interesting fact: when you click on "Opportunities To Serve", it gives you to each governmental jurisdiction in the area. When you click on City Of Keizer, a pop-up window gives the home phone numbers of the mayor and each city councilor. I'm not clear how someone is serving the pro-abortion cause by calling me.

What are we to do? I will follow up this story with more information today on The Bill Post Radio Show at noon on 1430 AM KYKN and online at www.1430kykn.com or catch the podcast of yesterday's show at my website: The Bill Post Radio Show
Picture what they are saying: PRO CHOICE HAPPY HOUR!!!???
Poor taste to say the least, outrageous is what I say!

The "Transparency" Law shows what State Workers Make

State Workers: you can thank your legislature for making up HB2500 and making YOUR salary Public Knowledge!
Below is the story and the list of every employee and their salary!
Still support your Democrat led Legislature?

State of Oregon Employees Salaries List

The Smoke Free Workplace Law, One Year Later

Here is a fantastic article that exposes the abuse of DHS and the well intentioned law from last January.

ONE YEAR LATER: THE SMOKE FREE WORKPLACE LAW

Great article on why to vote NO on 66 and 67!

Why Oregonians should vote NO on Measures 66 & 67

Dan Lucas has written a fantastic, in depth look at what passing these two taxes will do to Oregon. Please read and pass this on to EVERYONE in Oregon! Click on the link to get his story.

Oregon Economists Expand on the Negative Effects of Measure 66 and 67 Tax Increases

Oregon Economists Expand on the Negative
Effects of Measure 66 and 67 Tax Increases

Cascade Policy Institute just released a major economic study which uses two different methods to analyze the impact that the higher tax rates of Measures 66 and 67 will have on Oregon's economy if approved by voters on January 26. Written by two prominent Oregon economists, Drs. Randall Pozdena and Eric Fruits, the study concludes that:

• Preliminary estimates made last June by Drs. William Conerly and Randall Pozdena of 70,000 jobs lost over time are entirely plausible and may even be conservative.

The study measures the likely economic impacts of the measures in these two ways:

1. Using a database spanning 31 years for the 48 continental states, the effects of tax rate increases on job growth are measured empirically using regression analysis. This exercise finds that the proposed tax rate increases will perpetually impair the rate of job growth in Oregon.

2. Using recent Internal Revenue Service (IRS) Statistics on Income (SOI) data, the pattern of migration of tax filers between Oregon and the other 49 states is examined statistically.

Among its conclusions, the study finds that:

• The literature is clear that raising marginal tax rates is an impediment to economic growth and employment growth.
• Between 47,000 and 55,000 jobs will be lost by 2018 from the increase in top marginal tax rates alone in the two measures. The study did not attempt to measure the job loss impacts caused from the phase-out of the federal tax deduction for higher incomes in Measure 66 or from the increased corporate minimum taxes in Measure 67.
• Net out-migration of tax filers will be approximately 80,000 greater than otherwise over a ten year period. These lost filers are likely to have significantly higher incomes than the average tax filer. Again, this estimate is only based on the increase in top marginal rates, not on other features of the measures.
• The average biennial loss in Adjusted Gross Income (AGI) from Measures 66 and 67 is approximately $1.1 billion dollars--50 percent higher than the $733 million first-biennial transfer of income from the private sector sought by the measures. Over ten years about $5.6 billion in AGI is expected to be lost. Such loses reduce the likelihood of the measures generating their full, anticipated revenue.
• Finally, positive impacts of public infrastructure spending on state level output, if any, may be less than the negative consequences of suppressing private activity. In the literature, the case for raising taxes even to preserve education or health spending is not clear when the offsetting, long-run impacts on the private sector are considered. Raising taxes to preserve transfer payments has an even weaker justification when long-run impacts are considered. Thus, although maintaining public spending may seem to be a well-intentioned "safety net" policy, the result of diverting funds from the private to the public sector actually may prolong the return to prosperity of individuals affected by the recession.

The authors warn that even if the State does phase out the tax increases to some degree (as the measures contemplate), it may be difficult to undo the perception that Oregon selectively burdens business and higher-income households rather than prudently restraining State spending. This perception will weaken investment in the state and lead to even larger job losses and net out-migration of tax filers than their models predict.

Cascade Senior Policy Analyst and founder Steve Buckstein said this about the study: "Oregonians now have two independent ways to judge the economic impact of these tax measures. Both confirm that we are likely to lose tens of thousands of jobs and tens of thousands of the very people who invest in businesses and create jobs in our state."

"This study makes clear that Oregon may be embarking on a policy that will likely suppress and repel economic activity in the state. Doing this during good times would be bad enough. Doing it during one of the deepest recessions on record is very hard to understand."

Buckstein added that "Oregonians need to recognize that capital and people are mobile--especially the corporations and high-income individuals targeted by these two tax measures. If they move, Oregon loses the jobs that their companies, spending and investments create. Even for those who remain, these higher tax rates will reduce the motivation to work harder and create more jobs. The result will be damaging for countless Oregonians that tax proponents claim won't be affected by these measures."



Tax Policy and the Oregon Economy:
The Effects of Measures 66 and 67
by Randall Pozdena and Eric Fruits
Cascade Policy Institute • December 2009

Where there's smoke, there's overregulation!

You probably know by now that Avva Cigars and Wine in Salem was denied their "smoke shop" exemption in December. This is still being fought and will continue until the entire process has been used.
NOW I have received word through my sources that this is not the first time this has happened.
A great article in the Oregonian last week shows how the employees of the State Department of Health have taken upon themselves to define the law that the Legislature laid out for them. Not what the law says, but what they BELIEVE the law says!

Smoke Shop Exemption Hard To Get!

I understand that Rich's Cigars in Portland was denied the first time as well and then was exempted after fighting this.
Broadway Cigars is "partially" exempt.
Other shops around the state have either given up or are in violation.
This is NOT what the legislature had in mind.

Jim Bernau, Willamette Valley Vineyards and the Bus redux

It seems Mr. Bernau, the CEO of Willamette Valley Vineyards is not happy with The Bill Post Radio Show. A very "threatening" letter came from his attorney telling Justin he should pull his blog entry about the bus. Justin did so to keep the radio station boss happy BUT, this was a pure and simple power attack by a large corporation.
This guy is STILL playing both sides of the political aisle.
Take a look at this:
CAMPAIGN DONATIONS IN 2008
In the 2008 primary he gave money to both Rudy Giuliani AND Hillary Clinton. There is much more but I will continue to let his own words hang him.
When he was on my show, calling from his boat on Detroit Lake back in August, he showed what his true feeling were and with this threat from his attorneys I would say that Mr. Bernau got his butt smacked at the last stockholder's meeting!
They should demand his resignation AND demand THEIR money back for the cost of the Bus! Need I remind you what the Bus was for and how proud he was to purchase it? Here is the original story as it appeared back in August on my blog and radio show:
JIM BERNAU, CLOSET LIBERAL EXPOSED