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Smoking Banned Once Again at Jimmy Mac's

By Eileen Buckley

Buffalo, NY – Patrons at Jimmy Mac's on Elmwood Avenue in Buffalo are once again banned from smoking. A state appellate court has granted a stay to the Erie County Health Department that blocks a smoking ban waiver a lower court ordered two weeks ago for the bar.

Owner Rick Naylon says the smoking ban caused a big drop in business. Naylon's attorney Nick Amigone says the bar experienced a "significant spike" in revenues since the return of smoking.

"There's no doubt the smoking ban was the sole cause for the decline in revenues," Amigone said. "The county made spurious arguments that there could have been other reasons. But our experience during the past two weeks clearly indicates the reason why our business was down was due to the smoking ban."

Amigone says the bar generated about $5,000 more each week in the two weeks smoking was allowed. He says that will work in the bar's favor during the appeal.

The County Health Department has until May 14th to file papers in the case which will be argued in September.