SOUTH DAKOTA STRAIGHT TALK

Acting in one’s self interest is the Golden Rule of economics. No one better exemplifies this better than Sioux Falls saloonkeeper Tim Kant.

Kant a former Sioux Falls City Councilor is the proprietor of several Downtown establishments including Stogeez Cigar Lounge, Copper Lounge, and Eastwold Smoke Shop. Stogeez and Copper Lounge are bars, and Eastwold is a Tobacco Shop. Kant in 2002 was a candidate for Mayor in Sioux Falls. He finished 5^th with almost 7% of the vote. Dave Munson won defeating Dick Brown in a runoff election.

Sidebar – as an ex smoker, I believe that smoking impairs human health and in fact kills people. Occasionally I can be found in smoking establishments having an adult beverage and socializing with friends. While I don’t patronize Stogeez often, I like going there. Stogeez is comfortable and has a nice atmosphere. I find it less smokey than many other bars and restaurants, I suspect because of its superior air handling capability.

Kant is always aggressive in promoting his businesses and his self interest.

Examples are his opposition to a competitive venue that wanted to open downtown that offered hip hop dancing, his aggressiveness in using public sidewalks in front of his establishments, and his aggressive pursuit of additional coveted on sale liquor licenses. In response to the proposed smoking ban, Kant has become very visible.

Kant who is playing defense to exempt his business from any smoking ban is implementing the “best defense is a good offense” tactic. He has placed signs on the exterior of his bars, is reportedly busy talking to Legislators, and could be seen at the first two Sioux Falls Cracker-barrels bending ears and writing questions to be asked of Legislators.

He is not taking a hard opposition to the ban but rather lobbying to carve out an exemption for specialized businesses like his that have a smoking theme and cater to smokers. Kant must be careful yet flexible in positioning himself on this issue. Obviously any outright ban of smoking in any public place would be detrimental to his financial health. Consequently Kant has seen fit to push for exemptions rather oppose an outright ban. If the outright ban fails he wins anyway.

It appears to me that Kant has been successful in his lobbying to get an exemption in any Legislation that might be passed. The perhaps more difficult problem is that if the Legislation is defeated the Smoke Free folks will put a total outright Smoking in Public places ban on the general election ballot.

The State Senate version of the Ban failed last week and the State House plans to take up a similar bill this week. In the event that the House bill does not make it, it seems logical that the Anti Tobacco groups will push to have the Legislature put a ban on the ballot. This would be easier for the Smoke Freers than having to collect the signatures to do so, though I expect that they are prepared to do that.

Should the issued be referred by the Legislature to the ballot rather than through petitions, expect to see exemptions in the proposed language. If there is a petition effort there will be no exceptions. Another consideration to this issue is that most bars might simply become “smoking establishments”. I predict there will be some kind of grandfathering provision in any Legislative referred ballot question to only allow existing “smoking establishments” to be granted exceptions.

Should The Ban go to the ballot it will pass in a landslide. It will pass by 2 to 5 percent less than the percentage of the voting age population that does not smoke. The 2 to 5 percent representing those who are uneasy with or do not believe in government interference of private businesses. All the horns on this legislative dilemma are keeping Tim Kant on his toes - Not to Worry - being agressive he is more than up to the task.

Correction and addendum February 11, 2009 – Several readers have contacted me and said that Tim Kant has not served on the City Council. One reader indicated that he may have been a candidate in 2000 against Darrin Smith; though after doing a brief search I was unable to confirm. Upon Smith’s resignation from the Council following his loss in the Mayor’s race, Kant did apply for appointment to Smith’s vacancy. Bob Litz won the City Council appointment.

Another reader sent the following photograph confirming Kant’s aggressive use of the Sidewalk, even in front of other adjacent businesses. The reader alleged that Kant even occasionally maps out Phillips Avenue for use. Note the orange cone placed in the parking spot in front of Stogeez.