Great!!!! 
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."
Back in 1941, Hitler had the same hatred for smokers as the anti-smokers do today. The war on the smokers is following the same path as it did back when Hitler had "his" war on the smokers.
Shades of Germany past.
Therefore, that is why the word Nazi is being used even today. They say history repeats itself. Remember?
If that's what you think keep doing it. The end to public smoking will come all that much sooner.
Sometimes I seriously have to wonder if maybe we're living in Bizzaro America. Some kind of alternate universe where the idea of freedom means "freedom regulated by the government."
Hi Ditter. True to form, aren't we!
Oh yes! Dave has a great site there!!! Lots of work went into it, Diana! Thanks!
Read yesterday's thread and weep! Business owners AND lawmakers are starting to learn the truth!
Va. and Md. Reject Ban On Smoking
02/24/2006
Smoking still OK in Galveston bars
Feb. 23, 2006
The South won a lot of battles in the Civil War too. Unless millions of smokers learn some manners, the trend will stay the same.
Sunny but bitter cold today. And lotsa snow.
Oh! Get lost!
We are getting a much needed rain here. My azaleas are blooming, spring is popping.
You are so lucky. I can't even see the ground for all the snow. But April it will start melting and April is called the Mud Season. By mid June, flowers come up and we can plant flowers again. Short summers. But gorgeous.
I think a summer house in Maine would be wonderful. Our summers are brutal but I am not tough enough to put up with a Maine winter. Rich people have the right idea, summer one place and winter another. LOL!
If the law makes bar owners into law enforcement officers, shouldn't they be issued a badge and be paid a salary? It ain't the bar owner's responsibility to enforce the law.
Oh! Doggone it! So sorry. I had no idea!!!
In my opinion, this is particularly important in this case where you are stating a negative opinion of other users and they need to be given a chance to defend themselves. It would be unfortunate (as well as unethical and intellectually dishonest) if many users just copied your list and labeled every one on it an "anti-smoking zealot" and there were people on the list who did not belong there.
Oh believe me. They ALL belong there. Except Ditter. I feel bad about that. But all the rest are really hateful and nasty anti-smokers. I understand I don't even have then all ON here. ACK!
oyasuminasai just got zotted and banned....not even a chance for an IBTZ!
Great!!!!
So go to a non smoking bar and let the rest of us smoke in peace. If it turns out the market forces are not strong enough to support nonsmokers at bars then start your own non smoking bar.
This business of the War On Drugs and now the War On Smoking is just nuts.
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