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."
This is great!
If we're lucky, the cops will be too busy trying to find the smoking 'criminal' to worry about the smoke nazi who's car just got broken into.
Naw, I'm really not that mean-spirited or am I?
What you've just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. May God have mercy on your soul.
FMCDH(BITS)
About 10 years ago I was in a convenience store and the counter boy challenged an adult who was buying two different brands of cigarettes.
He refused to sell either brand because he "knew" the adult was buying for a minor.
Next in line, I say, "Hey, Dick Tracy, if you want to be a detective, take the police-academy test. The law didn't make you a detective or give you enforcement powers. It justs says you can't sell to minors. You're still a counter boy. And, hurry up with my smokes."
This is the answer!!!! Right here.
Continuously call the police to the bar. Hundreds and hundreds of calls every night from bars all over town. Call the politicians and the papers the next morning with response times or lack of response.
When the cops get there, tell them, the smoker just left, he went thataway!!!
Littering with cigarettes used to be littering, now it's rebellion. I want to run up the costs of the nanny-staters.
That is one of the most succinct answers I've seen on this thread, and I thank you.
FMCDH(BITS)
Post your list of the anti-freedom freepers.
The law changed her in WA Jan 1st, that bans smoking within 25 feet of a building.
The patrons of one of the bars here obeyed that law to the letter, and measured 25 feet from the front door of the bar, and set up a portable smoking room (a large tent) right in the middle of Main St. in "downtown" Vancouver WA.
They didn't last long, but the point wasn't lost on anyone...
That's the bar I went into Worcester. Or, is it the one in Mahopac?
I still love the Worcester story. The place was near empty and the old owner said he liked it better without smoke. He said it used to get real bad "in the old days" when the place was full of college-age smokers.
How long ago was that, I asked.
"Before the smoking ban."
If he wasn't old and had made all his money, he'd be going out of business.
Hon, it's in WISCONSIN, not California.
Hard to go outside when it's below zero!
You just prefer to smell like a rummy
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"It would be a sad day when Americans will stand around and accept the government ordering them about in their private lives without fighting for their inherent liberties."
Very well said. But it IS a sad day around here. Wiggie is the ONLY one standing up to the Smoke Gnatzis out of 21 other "complaints." The others just paid the fines and got on with it.
I really fear that the Madistan business owners have lost the will to fight. Maybe even the will to live. It's been like Chinese Water Torture in this city for the past few years. I mean, it's always been BAD, but now that there are at least eight "Progressive Dane" card-carrying Marxists on the City Council (out of 20), all does appear to be lost.
I hate to see it. It's really disheartening how much POWER a very tiny group of people can have. Who's next? It's like evey day you wake up and wonder who those eight will target today? :(
It's almost like the "gay minority" that seem to run this country.
You are kidding me! Can I do that without getting into trouble???
Why do you think I own land in Northern Wisconsin, and will be building on it within the next decade? ;)
It's the per-capita socialists down here in Southern Wisconsin. We're outnumbered. But 'Up Nort' we'll have our numbers and we definately won't be out-gunned, LOL!
Now THAT is really good! :)
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