Local: City police still officially enforcing an unenforceable smoking ban (UPDATED)
Posted in Uncategorized with tags Settingsgaard, Smoking on October 15, 2008 by Billy DennisI visited a certain drinking establishment near my home the other night and was surprised when I noticed that come folks were openly lighting up cigarettes.
A recent court cause ended with a judge’s ruling that the state law banning smoking inside buildings doesn’t empower circuit courts to hear cases stemming from the tickets being issued. I dashed off an email to Peoria Police Chief Steve Settingsgaard to see if his officers are doing anything differently. His reply:
Bill, our instructions have not changed. In a case where people are smoking in a licensed premise, we will bring enforcement action upon the business, not the individuals smoking. I have checked with Legal and they advise the recent Court ruling does not impact our approach.
Hmmm … the Journal Star article says that the law is essentially unenforceable. If the tickets that would be issued by police cannot be enforced in court, how are they any kind of deterrent to bars that want that let patrons smoke?
I just now emailed Randy Ray, city attorney for the Peoria, to ask how this could be the case. Just last night, the council voted to rescind its prohibition on handbilling because of a court decision that such laws were unconstitutional. Wouldn’t the city also face some liability if there are police officers out there giving tickets that cannot be enforced?
If I had a liquor license, I would have to ask my patrons to PLEASE take it outside. At least until there’s some clarity on this.
UPDATE: City Attorney Randy Ray replied to my letter. It looks like my commenters are correct, a circuit court decision isn’t binding throughout the state (although I suspect any attorney defending someone so charged would make a similar argument as the one that succeeded in Bureau County, and cite that judge’s decision). But something Ray said troubles me:
Seriously, it remains illegal to smoke in a licensed establishment. Our liquor ordinance provides that a licensee may not allow illegal activities on the premises. Liquor license actions are not commenced with a ticket. Liquor licensees who allow smoking in their establishments face potential action against their licenses.
I take this to mean that even if they can’t hand out tickets to patrons, the police CAN take steps that might culminate in some bar loosing it’s liquor license.
Yet there are bars — I am assured more than the one I visited the other day — where indoor smoking is openly taking place. Folks, it doesn’t bother me a bit. But all it takes it one morally superior soul to drop a dime. Either some folks don’t mind losing their liquor license, or someone out there knows something I don’t about whether there’s an unofficial policy to not really give a rat’s behind about this.
