Me too. hehe!
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."
That's too bad.
It's really rather instructive for people to see how irrational and emotion-based anti-smokers are.
Me too. hehe!
"learn to drink at home. problem solved.."
ditto that, much cheaper, and zero chance of DUI. Too bad the bars loose all the business though.
Again.
You (SheLion) probably have this site in your collection, but there are some quotes from Dave Wiganowsky in there, and others may be interested in some handy references for smoking ban info:
http://www.davehitt.com/facts/banlinks.html
'Where are my nonsmokers that the city promised me?'
July 20, 2005
http://www.freechicago.org/freechicago/wherearethey.html
MADISON, Wis. (AP) -- Some Madison tavern owners say their revenues are going up in smoke because of the city's new smoking ban in bars and restaurants.
The city ordinance took effect July 1, with Madison joining about 20 other Wisconsin cities with some kind of ban on smoking.
The move created a firestorm of controversy, with smokers accusing the City Council of trying to run their lives. A faction of aldermen already wants to repeal the ban, and Republican legislators are trying to pass a bill to water down local ordinances statewide.
''It's terrible, absolutely terrible,'' said Cal Beecher, owner of the Tip Top Tavern. ''I've been here 32 years. It's going to close me down.''
Terry Olson, co-owner of Ole 'N Rick's North Side Inn in Madison, said business is down 60 percent and he started cutting back shifts for three or four bartenders Monday.
''If we can't make it with that, we'll have to lay somebody off,'' he said.
Owners said blue-collar bars on the city's east side are being especially hard hit by the new rules. First-time violators face up to $125 in fines if they don't quit or leave. A second offense carries a maximum $500 fine.
Ryan Eisenhut of Cottage Grove said he used to hit Madison bars at least three times a week on his way home from work. On Wednesday, he was at Tully's II in Monona.
No fun anymore
''The downtown bars are fun, but not anymore. The fact that they don't have smoking now, I won't go there,'' he said. ''Wait until it's 10 below and they try to get people out there in the parking lot [to smoke].''
Patty Telvick, general manager of the Buckeye Inn, said her regulars have disappeared and nonsmokers have not taken their place.
''Where are my nonsmokers that the city promised me?'' Telvick said.
Dave Wiganowsky, owner of Wiggie's, said nonsmokers do not spend enough to make up for the loss of customers.
''We had two nonsmokers,'' Wiganowsky said. ''They bought two cans of pop and said, 'Isn't this wonderful?' and walked out. That won't pay the light bill.''
Meanwhile, bars just outside Madison are reporting an increase in customers.
In Fitchburg, Monkeyshines has ''picked up quite a few customers,'' said day manager Jason Cushman.
And thank you for making mine, again and again. ;9)
That's just sad.
GO, WIGGIE, GO!!
Dane County board OKs phone cards for prisoners, soldiers Associated Press
MADISON, Wis. - The Dane County Board has approved $25,000 in phone cards for jail inmates and another $25,000 for area troops serving overseas in a compromise deal. The board adopted the resolution by Supervisor Scott McDonell on Thursday.
Under the plan, inmates will get $25,000 in free phone cards annually for the next three years. Another $25,000 will be transferred from the county's general fund for use by Dane County soldiers serving in Iraq and Afghanistan.
The resolution calls for an advisory group of Veterans Services Commission members, soldiers' family members and county board supervisors to study troops' needs.
San Jose, Calif.-based Inmate Calling Solutions has a three-year, $3.6 million contract with the county to provide inmate phone services. It gives the county $100,000 in phone cards annually. Most of those cards are sold to inmates so they can save money on collect calls to family and friends. A provision in county Executive Kathleen Falk's budget called for giving $25,000 in phone cards to inmates for free.
But Supervisor Dave Wiganowsky objected and introduced a plan to give the phone cards to soldiers instead, saying inmates shouldn't be rewarded. That started another brouhaha with supervisors who said Wiganowsky's plan pitted the poor against soldiers.
"I think it's a positive thing," Wiganowsky said of the compromised plan. "We gained more than what we went after."
The City of Madison has created the perfect policy for an unscrupulous person to go there an open a successful bar.
Simply pay students to smoke in other's bars and watch the competition's fines and legal fees pile up to the point of banrupcty.
While I agree that is a whacko statement, it is no more whacko than the claims that cigarette smoke CAUSES asthma that is contnually thrown around by the anti-smokers.
Discover who complained, and file a restraining order to keep that person out of the establishment. Inform the other bar owners who made the complaint, and also inform all the restaraunt owners so they can take similar action.
You don't like to smell cigarette smoke, fine. Don't enter our establishments. Or if you do, face jail for trespass, violation of court orders.
Or, put a sign on the entrance:
"No minors, pets or ANTISMOKERS allowed
Tresspassers will be prosecuted."
But, they'd be busted for discrimination. Only smokers can be legally discriminated against, don 'cha know?
Yes, I am aware of that. I live in the Socialist Peoples Democratic Republic of California. This is the state that like Ma. elects communist traitors (tom hayden) of office.
Ignoring the facts and evidence because it doesn't fit your preferences, while choosing instead to believe propaganda reinforces my point, not yours.
Thanks for the ping, it's gonna keep me entertained all day. ;9)
I remember in San Diego back in '95, I took a buddy of mine out drinking to celebrate his retirement from the Navy. We walked into a bar and the bartender said, "There's no smoking in here."
Completely baffled, we looked at each other in shock. We'd just returned from a WESTPAC and thought we were in another country. Then it hit us that we weren't. We still had free choice.
We did an about-face, left the bar with about eight patrons drinking, and went to Hennesey's -a SMOKING establishment. It was packed with people, most smoking happily.
Too bad the antis don't have that kind of sense. Hennesey's is probably closed by now as a result.
And that, my friend is their ultimate goal.
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