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."

[dljordan]

"Government has made its wishes known, you can take it to the polls but you cannot simply flout the law."

That's what King George said.

[Raycpa]

Law breakers make me sick too. Sorry you advocate for some people to break them.