Wiggie's Busted for Having Smokers (Madison, WI Smoking Ban)

Madison.com ^ | February 24, 2006 | Bill Novak

[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."

[RavenATB]

"I don't smoke, and rather like being able to go out to the bar and not come home smelling like a chimney."

I'm not a liberal, and I'd rather not have my evening interrupted by stupid liberal statements, but that doesn't mean I'm ready to destroy the First Amendment. Unless you want the government coming into your home...your private property...telling you how you need to live, don't advocate that the government go into other people's businesses...their private property...and tell them what legal activities they can/can't engage in.

[SheLion]

That will be the last time I answer one of your gotcha questions. Smell is just part of the issue. Stinking up someone else's clothing and hair is a disrespect of their person and property. So is irritating their breathing passages, and throwing your butts all over God's green Earth. Tobacco smoke does cause cancer, heart disease, and emphysema depending on a particular person's genetics. Whether second hand smoke provides enough of a dosage to cause those diseases is still an open question IMO. But I see no reason to take a chance with it either. Like I said before, most smokers can't control themselves when it comes to other people's person or property. Now they are having it done for them. Tough luck bub.

Ok, do any of your Conservative anti-smokers in Free Republic NOT GET IT????

When you leave your home, you are open to video camera's, vehicle and truck exhaust, loud noises, disgusting people, etc.

AND the smell of tobacco smoke!

Do you not get it???  If you can not tolerate any of the above, STAY THE HELL AT HOME.  When you go out into the world, we all have to put up with all sorts of LIFE AS IT IS.

Get a grip. The world does not rotate on your azz.

[Diana in Wisconsin]

"So you can smoke your filterless Camels in peace?"

I don't even smoke, LOL! I just want to be away from these looney tunes in Madistan.

And I may want to work in or open a bar. Plenty of thirsty people in the North Woods. Of course, by then, the Fat Police will have to review my menu for calorie content, we'll have to be selling "skinny" Old Fashioneds if we're allowed alcohol at all, and NO french fries allowed on site, even if we call them "Freedom Fries," etc. ;)

[AFreeBird]

I don't smoke, and rather like being able to go out to the bar and not come home smelling like a chimney.

Did you have the guy arrested?

I mean the guy that put a gun to your head and forced you into one of those evil bars that allow smoking?

[Diana in Wisconsin]

Now that's being creative! :)

[Diana in Wisconsin]

Very well said, LouD. That sums up the situation perfectly. Thank you! :)

[Diana in Wisconsin]

"Unless you want the government coming into your home...your private property...telling you how you need to live, don't advocate that the government go into other people's businesses...their private property...and tell them what legal activities they can/can't engage in."

*APPLAUSE* :)

[Hot Tabasco]

Wiganowsky said he has hired an attorney

If he was smart he would close shop now and speed up the inevitable. Save himself lots of money in attorney fees and aggravation.

Regular customers don't give a hoot if anyone smokes or not, its the irregular dropins who bitch the most and could care less if the guy goes out of business. They just move on to some other joint and start the trouble all over again..

[AFreeBird]

Can I do that without getting into trouble???

Umm unless the list was somehow confidential, then hell yes you can post it. They've made their feelings known in a PUBLIC forum, you're not doing anything but collecting the information that THEY themselves provided and putting it all together.

[Diana in Wisconsin]

"If he was smart he would close shop now and speed up the inevitable. Save himself lots of money in attorney fees and aggravation."

Nope. Wiggie will fight this. He may win. He's not one to roll over for the Smoke Gnatzis. He's a county council member and has been very vocal about the ban; therefore, I believe he's being targeted, and what better way to prove it to other business owners than to take this to court? Maybe with Dave leading the way, some of the others will wake up and see what's going on.

The city can target any group of businesses that they want. And they will in the future if not challenged in any way. Remember; this is Madison, WI. They are working very hard to strip individuals of their rights and turn it into a Socialist Utopia.

Mayor Dave (the Madison Mayor) thinks he lives in Seattle, WA. That's all he talks about...Seattle and Street Cars and Electric Buses and Smoke Free Everything and is working hard to make Madison into his own little socialist kingdom.

[humblegunner]

I don't smoke, and rather like being able to go out to the bar and not come home smelling like a chimney.

I'll bet you're a hell of a lot of fun on a campout.

[School of Rational Thought]

How is it that property owners can ban guns from their parking lot, but have no rights as to allowing smokers? Personally, I loathe cigarette smoke, but know that all I have to do is go somewhere else.

[SheLion]

Umm unless the list was somehow confidential, then hell yes you can post it. They've made their feelings known in a PUBLIC forum, you're not doing anything but collecting the information that THEY themselves provided and putting it all together.

Well, over the past couple of years whenever we get a downright nasty anti-smoker in Free Republic, I put them on a list to keep for me.  So I can look at it when I am unsure of someone and instantly find out where they stand on the issue.

If the Admin Moderators do not like my list, then can just delete it.

You will not believe how many are on it.  (The newest additions come first).  Some I never hear from anymore.  The following Freepers have such hate for fellow Freeper smokers that it's mind boggling and if anyone is on this list that shouldn't be, please Freep mail me to be removed.

Dispictable People -

T.Jefferson?

King Moonracer
pabianice
oyasuminasai

r9etb
bluetone006

CodeToad
RHINO369
F16Fighter

libertarianPA
albionvectis
frgoff
drhogan
Froufrou
Pro-Bush
Be Informed
Wheee The People
Windsong
Mogger
GermanBusiness
DustyMoment
Dichroic
College Repub
eraser2005
Moonman62
eleni121
sanjacjake
dakine
Sunnyflorida
YourAdHere
RedBloodedAmerican
tubebender
af22721

T.Smith
Stu Cohen
Drango
Windsong
HairOfTheDog
Huck

duckln
Mad_Tom_Rackham
BJClinton
velocityguy
republicangel
dubie
Hillary's Lovely Legs
paulet
Enterprise
Chong
HangnJudge
Almondjoy
NautiNurse
CounterCounterCulture

k2blader
American Vet Repairman
bigsigh

tm22721
gaspar

zarf
T.Smith
sinkspur
paulat
Utah Binger
Scothia
beavus

didi
Neoliberalnot
johnmilken
Ditter

Protagoras
Wild Bill 10
anniegetyourgun
Mr Ramsbotham
joesbucks
Raycpa
mewzilla
konaice
LPStar
Guillermo
Porterville
at bay
pickemuphere

Dinsdale
SandyB
beavus
bruoz
1dadof3

[bluecollarman]

"Historians and epidemiologists have only recently begun to explore the Nazi anti-tobacco movement. Germany had the world's strongest antismoking movement in the 1930s and early 1940s, encompassing bans on smoking in public spaces, bans on advertising...."

I guess your thinking and reasoning works more like those types of folks, huh?

http://bmj.bmjjournals.com/archive/7070nd2.htm

[RandallFlagg]

This post is for you as well.

[RandallFlagg]

Now, how many of them have been zotted?

I can think of one.

[SheLion]

Now, how many of them have been zotted?

I can think of one.

Yes, that one was last night, I think.  Buh bye! hehe!  Thank GOD!!!

Now, how many of them have been zotted?

I can think of one.

Yes, that one was last night, I think.  Buh bye! hehe!  Thank GOD!!!

[Hardastarboard]

Is this still America?

In most ways, no.

[SheLion]

More from Wiggie's:

Smoking Ban Citation Sends Wiggie's to Court

David Wiganowsky says Madison's smoking ban has sparked some potentially dangerous situations for his employees at his bar Wiggie's, located on the city's east side.

"We've had people throw glasses on the floor. We've had them throw food back at you because they wanted to light a cigarette up," says Wiganowsky.

Wiganowsky says he's instructed his bartenders to enforce the smoking ban but avoid confrontation if they don't feel safe.

On January 14th, that's exactly what he says his bartender did.

"They lit it up and the bartender said you're not supposed to smoke in here, it's against the law and his comment was, who's going to stop me," says Wiganowsky.

That night, an undercover inspector from Madison's Public Health Department was there and witnessed patrons smoking. Now, Wiganowsky is being cited for violating the smoking ban.

"[It's] specifically stated in the ordinance that you first ask to stop smoking and then next you refuse service to the patron and at that point in time ask them to leave," says Doug Voegeli with the Madison Public Health Department.

"If somebody comes in that's 6'6 and my wife is 5'0 , is she supposed to run out and tackle them and put the handcuffs on them and hold them until the police officer comes? It's a very hard situation to control," says Wiganowsky.

Wiganowsky says what upsets him most is the undercover inspectors didn't cite the patrons who were smoking. He says they're the ones who violated the smoking ban, not his employees.

Wiganowsky is scheduled to appear in court March 17th. The Wisconsin Health Department says the citation is also for an incident in December, where inspectors found patrons smoking inside Wiggie's at that time as well. 

Four other Madison bars have been cited since the ordinance took effect - Hammertime, Tailgaters, The Locker Room and Venice On The Park. 

Tailgaters and Locker Room settled but must make sure no one smokes in their bar anytime soon or face a larger fine.            

Read

[RandallFlagg]

"If somebody comes in that's 6'6 and my wife is 5'0 , is she supposed to run out and tackle them and put the handcuffs on them and hold them until the police officer comes? It's a very hard situation to control," says Wiganowsky.

I like this Wiggie fella.