He's dead, Jim.
Posted on 02/24/2006 1:01:34 PM PST by Diana in Wisconsin
(Health inspector: 'We had complaints')
Madison's most outspoken critic of the smoking ban has been busted for allowing smoking in his tavern, but the bar owner says he will fight the charges and might try to get the smoking ban overturned because of his case.
Dave Wiganowsky, a county supervisor and owner of Wiggie's, 1901 Aberg Ave., is being taken to Madison Municipal Court on two counts of violating the city's smoking ordinance for allegedly letting patrons smoke in his bar on Dec. 17 and Jan. 14.
Public health officers working undercover went into Wiggie's on both occasions, based on complaints from patrons that smoking was going on in the bar.
"We had complaints," said Doug Voegeli, city of Madison Environmental Health Services supervisor. "We talked to Dave, went over the ordinance with him and then did compliance checks to make sure he was complying."
Wiganowsky told The Capital Times today he doesn't allow smoking in his bar, but if someone is smoking and won't quit, he has to watch out for the safety and welfare of his employees.
That's apparently what happened in the January incident, when a man lit up a cigarette at the bar and angrily refused to put it out when the bartender told him to.
"I'm not putting my people in harm's way," Wiganowsky said. "I've already had a smoking customer throw a glass at a bartender and another throw a burger on the floor. When you shut 'em off, people get aggravated."
Wiganowsky said he has hired an attorney and will fight the complaint. Neither the patron nor the bartender was issued a citation.
"It will take some time and effort, but maybe this case will get the ball rolling on getting the smoking ban overturned," he said. "We'll go to Municipal Court and maybe lose that one, but there are many other things to look at."
There is room for negotiating on the charges, said Assistant City Attorney Marci Paulsen, just as other bar owners in similar situations have done.
"We'll probably make a high-low offer," Paulsen said. "If he's good and there are no more violations for the rest of the year, it would be a low fine. But if there are other violations, he would get the highest fines allowed."
Wiganowsky is facing up to $671 in fines and court costs because of the two violations noted in the complaint. If it was only one offense, the maximum penalty would be $198.50.
Is the outspoken smoking ban critic being singled out by the smoke police?
"Definitely not," Voegeli said. "There had been complaints against his establishment and we are required to follow up on the complaints."
Voegeli said five Madison taverns have faced court dates because of the no-smoking ordinance, based on 22 complaints since the smoking ban went into effect in the city on July 1, 2005. All but one owner (apart from Wiganowsky) settled before going to trial.
Public health officers do have some leeway in citing or not citing smokers, bartenders or owners if a customer lights up.
"If a customer's told to put it out, we're not going to write a citation to the bartender," Voegeli said. "It all depends on the situation."
Wiganowsky said some situations are more volatile than others, and he's not willing to put his employees up against surly smokers if it means his bartenders could get hurt.
"My daytime bartender is 61 years old," he said. "My wife Angie is 5-foot-2. What are they going to do?"
Wiggie's court date is set for March 17, St. Patrick's Day.
"That's my busiest day of the year, and I've already laid off five people," he said.
Paulsen said the court date can be changed if Wiganowsky asks.
No matter if it goes to trial or not, Wiganowsky is fighting both the complaints and the smoking ban all the way.
"My livelihood is at stake," he said.
He couldn't care less if he's able to smoke in his own bar, he said, but wants his customers to have the chance for a smoke and a beer.
"I quit smoking 20 years ago," Wiganowsky said. "So did Angie. It doesn't bother me."
Well if bars are not private businesses, but government businesses then they shouldn't be paying taxes as private businesses.
Okay, we have finally screwed down to the real issue.
You don't like the smell.
Just wondering, is there any other smell you might find offensive enough to unleash government guns and resources to suppress?
We would all like to get ahead of the curve so as not to get guns pointed at our heads.
Good, that means I can have boiled cabbage and fried liver banned...........the stench is so bad it has to be toxic.
HEE HEE HEE !!!
As I rub my hands together with an evil grin.
You got that right, and I sure wish more would do just that.
The government should confiscate his business. If a business owner can't be responsible and operate the business within the boundaries of the law, then that person should no longer be allowed to own a business.
As good subjects, we must do what the government tells us to do. The government is only trying to force us to make RIGHT DECISIONS.
Bookmarking
Good for you!
It's refreshing to see people on this board who understand that laws restricting freedoms and seeking to restrict private property ownership are a good thing as long as they mean the rest of us can do things we "rather like."
I've got a long list of things I "rather like" that the government needs to commit to law.
These business owners who resist smoking bans are simply not allowing the government to help them to make RIGHT DECISIONS!
You took a right turn onto this forum, should have turned left.
That door was opened long before smoking bans.
And they will, those on your list, until the things being banned effect them.
Ah shucks! I just got here and you've spoiled my fun. ...
I left his posts so you can ridicule him as needed. BTW, your comment 128, LOL!
Guess flouting the law went out of style sometime after 1776.
You're right, by golly. I can't believe I didn't see this sooner! I hope the next step is for the gubmint to ban smoking in private residences. After all, I may visit a smoker someday, and I'd rather like it if they were prohibited from smoking in their home!
We really can create a utopia! Its on the horizon people. Hold firm and DEMAND others conform to our wishes and desires.
(I realize your post was sarcasm. I'm just trying to join in the fun.) :)
He's dead, Jim.
So find a non smoking bar
If anyone is going to challenge the Madison Smoke Gnatzies, it'll be Wiggie! Wiggie's is a total Blue Collar Worker bar whose customers are mainly the guys from the meat packing plant (Oscar Mayer) next door. The only way someone would "complain" about this, is if some "Chablis drinking Quiche eater" accidentally wandered in there, which would be odd because it's a pretty depressed part of town.
Good Luck, Wiggie! Even we non-smokers want this stupid ban overturned
I was born in Madison.
I worked at Oscar Mayer when I was still a teenager.
I don't smoke- never did.
BUT- I am disgusted that a bar owner cannot run his place any way he wants. If there is a sign outside that claims that smokers are inside, the prissy quiche lovers can just go elsewhere.
Trust me---there is NO SHORTAGE of bars in Dane County.
Precisely. Utopia is at hand.
BTW ... in Scotland they have banned smoking in private residences. If you receive any kind of government support (and in Scotland, that's nearly everyone), you can't smoke in your home for an hour prior to a government worker coming to your home.
What you apparently don't know about this situation is that a couple of years ago, the city of Madison required bars and restaurants that wanted to allow smoking to put in expensive separate air handling systems. Many did so, acting in good faith, and investing in some cases well into six figures to provide separate, oversized ventilation systems for smoking sections.
The city of Madison rewarded their adherence to the law by outlawing all smoking in bars and restaurants, despite the investment on the part of business owners. The resulting reduction in the value of their investment constitutes a "taking" of their property. It's morally wrong, and constitutionally questionable.
And, before you ask, no I am not a smoker, and I prefer to patronize businesses that are not filled with smoke. However, I do not have the right to impose that preference on the private property of someone else.
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