Smoking Ban Violators Summoned To Court
Smoking Ban Violators Summoned To Court Save Email Print
Posted: 12:04 PM Nov 14, 2008
Last Updated: 11:07 PM Nov 14, 2008
Reporter: Will Jones
Email Address: will.jones@wsaz.com

A | A | A

Charleston, W.Va. (WSAZ) -- The bar owners who violated the smoking ban in Kanawha County were summoned to magistrate court Friday morning.

Health Department officers cited McNally's Pub, Nitro Moose Lodge, Black Hawk Saloon, Hot Spot Coffee Shop and Lisa's in Nitro for violating the extended smoking ban.

The extended smoking ban went into effect last July. It prohibits smoking in most public places including bars and gambling parlors.

All of the bar owners face misdemeanor charges for violating the smoking ban. They could face fines up to $1,000.

No hearing dates have been set.

More Stories
Day 2: Washburn Baby Death Trial

St. Albans Man to Serve 30 Years for Sexual Abuse

Ohio Extends Unemployment Claims Hot Line Hours

New Ohio Attorney General, Treasurer take Office

Man Disappears After Leaving for Church

Financial Fitness Can Raise Quality of Life

Flags to be Lowered for W.Va. Soldier

Charleston Man Pleads Guilty to Hurricane Katrina Fraud

Post Your Comments
First Name:
Location:
Enter Comments: characters left
Email (optional):
Email will not be displayed on site. For station contact purpose only.
Read Comments
Comments are posted from viewers like you and do not always reflect the views of this station.
Posted by: RoaneCo. on Nov 18, 2008 at 09:40 AM
Hey ABE, I said "as of today 11-15-08 tobacco is a legal product"!! I did not say "smoking in bars/restaurants is legal"! Maybe if you weren't so narrow minded and only focused on YOUR rights you might be able to to comprehend the point others on here are trying to make. But I'm sure your the type of person that believes that this world should revolve around you and only you.

Posted by: Honest Abe on Nov 18, 2008 at 03:31 AM
sue, I reread mine. Mine makes more sense. Your "so called side effects" are scientifically proven, not mere conjecture. Smoking is not a Constitutional right, but your other examples at the end have been deemed so by the U.S. Supreme Court. I know you'd love to get your "fix" in public to the dismay of non-smokers, but the government has spoken. Maybe you could have a rally in Charleston.

Posted by: To Sue: on Nov 17, 2008 at 09:25 PM
To Sue: Give us a break. No-one is talking about the "smell" from the plants because this article is about SMOKING. Also, the plants are regulated by the EPA and other agencies. Now... smoking is regulated by the health department so people need to deal with it.

Posted by: Breathless on Nov 17, 2008 at 08:58 PM
I'm 55 and have had emphysema for 10 years now. It has progressed to the point I am on oxygen at night. There are so many places in the Tri-State I am not able to go...not because I hate smokers, or don't think they have rights, but because even sitting in a no smoking section for 20 minutes can land me in the hospital for a week. So, my choices are very limited. What does annoy me is the smokers who lurk near entrances...stores, offices, everywhere. I shouldn't have to stay home all the time and never even get to do any shopping without walking through a cloud of smoke on the way in or out. You know, over time even that few minutes of second hand does worsen emphysema. Please, try to understand how those of us that are already paying the price for smoking feel. We had to quit in order to live...and we really don't like having to breathe your smoke just to do a few everyday chores/activities.

Posted by: sue on Nov 17, 2008 at 08:47 PM
When I travel to Morgantown, which is very often, I go through St. Albans, and I really don't know how those people can stand the smell of those plants. Why isn't anyone talking about that, instead of some smoke from a cigarette?

Posted by: sue on Nov 17, 2008 at 08:33 PM
Honest Abe, if you reread your letter, you might stop and think about what you are saying.The gov't. has also put an age restriction on cigs, they have also put a restriction on smoking in a car with a child under the age of 14. Even though smoking does not impair your driving. As a smoker I am fully aware of the "so called side affects" it does to non-smokers. But a bar shoould not have children in it anyway, and they still serve booze, knowing good and well, that person is going to drive home. Which is more dangerous? First it's a smoking ban, next abortion ban, then a gun ban, then a free speech ban. See it yet? It's coming!

Posted by: DAVID on Nov 17, 2008 at 06:53 PM
THIS IS RIDICULOUS!!! WHY CANT EVERYONE LOSE THE CIGARETTES AND GET THE ALTERNATIVE THEN NOBODY WOULD HAVE TO WORRY ABOUT SMOKING BANS OR ANYTHING. www.Crown7.com

Posted by: Honest Abe on Nov 17, 2008 at 04:36 PM
Ashley, we don't live in a democracy. The US was founded as a republic. Also, the government can place time and place restrictions on rights. Tobacco may be legal, but so is alcohol and the government has restricted access to it by age and also disallows you to drink and drive. This is no different than restricting where/when you can smoke tobacco. Drinking and driving kills, so does smoking tobacco. So to RoaneCo., as of 11-17-08, smoking in bars/restaurants is NOT legal no matter how much you wish it to be.

Posted by: debbie on Nov 17, 2008 at 04:24 PM
if they wont to smoke it is there right we went to severla wars to protect our rights now our own gov. wonts to take them AWAY

Posted by: Nadine on Nov 17, 2008 at 02:47 PM
I am a smoker, but also the mother of 3 young children who I don't want anywhere near smoke! I do not smoke in public places out of respect for other people (and the danger for the children). Most smokers won't disrespect others by smoking around them. However, there are always bad apples. But, what upsets me is no one is allowed to smoke in bars, etc. and can be fined for doing so, but WV still expects the smokers to keep the state afloat with the outragous amount of tax they charge us for smokes! Just a little weird... Can you imagine what would happen if EVERYONE seriously quit smoking? What would WV do for money? OH & KY too! We are paying WAY more taxes for the right to smoke and then immediately getting that right taken away.. it's like a slap in the face!

Posted by: to angie on Nov 17, 2008 at 02:45 PM
This story is about bars not walmart and you had 1 point it is my money i earned it and i will spend it any way i like and smoking is what i like and if your so worried about your health then move someplace more healthy because the kanawha valley is not where its at you are more likly to get cancer from the chemicals in the air from the local plants than second hand smoke so get real its nothing but a money deal for the health depts but when it starts seeing that the lost revenue out weighs the income form the govt for passing a ban they will want to repeal the ban just like ohio,ind,ill,mich see they pass these bans when they used up all the tobacco industry money and now that the tax base has went to the dogs they want the money back the health dept dont care about you or anyone else if they did they would close these fast food joints down they are the real killers and just not adults that can make their own decisions but they target kids thats why you see little susie weigh 200pounds

Posted by: to jonna on Nov 17, 2008 at 02:11 PM
That would be the solution but some non smoker would cry because they were not allowed in.It wont take long and kanawha county will see the light just like most other places who have passed bans when it cuts into their bottom line they will be ready to repeal the ban but if these bar owners dont fight now it will be to late for them several ohio business went under after the bans in their area and now the lost revenue has bite the health dept in the behind and those tax dollars and jobs will not come back see the smokers adapted and found other places to go and the counties without bans are thriving while the ban counties are struggling now they are rethinking their approach but they passed the ban once so what is to say the wont try it again once a business reopens so whats the use of wasting money reopening just to go broke again

Posted by: richard on Nov 17, 2008 at 01:38 PM
See this shows me that the law is no good to have because they do not enforce it for the ones so called bars owener the stat need to take your licene from you for not obeying the law TIMES HAS CHANGE GITE OVER IT.

Posted by: Anonymous on Nov 17, 2008 at 01:13 PM
Of course if smokers stop smoking, taxes will go up for all of you whining about smokers and give you something else to whine about. Funny how many smoking bashers don't care about pollution in any other form, mainly mercury and pollutants in your water from coal. Angie, maybe you should stop going up and sniffing others.

Posted by: Melinda on Nov 17, 2008 at 12:12 PM
This is ridiculous, CAN WEST VIRGINIA COURTS NOT FOCUS ON SOMETHING A LITTLE BIT MORE SERIOUS LIKE YOUR DOMESTIC BATTERS? IT'S A BAR WHEN YOU DRINK YOUR GOING TO WANT A SMOKE IF YOU COULDN'T BAR OWNERS WOULD BE OUT OF BUSINESS, IF YOU HAVE NONE SMOKERS IN A BAR MAKE A NON SMOKING SECTION DON'T HOLD THE OWNERS RESPONSIBLE. THEY CANNOT FORCE THEIR CUSTOMERS TO STOP SMOKING OR THEY WILL LOSE CUSTOMERS, DUH! AND FOR THE HEALTH DEPARTMENT THEY NEED TO BE AT YOUR RESTAURANTS AND WORKPLACES NOT BARS WHERE THEIR IS FOOD AND BUGS FALL OUT OF THE CEILINGS AND SPIDERS AND I CAN NAME ALOT TO KEEP YOU GUYS BUSY ENOUGH TO LAY OFF THE BARS, IF PEOPLE WANT TO SUBJECT THEIR HEALTH TO SMOKING YOUR NOT HELPING BY FINING OR CLOSING THE BAR THEIR GOING TO KEEP DOING IT WETHER THE BAR IS OPEN OR NOT JUST LIKE THE DRINKING. THAT'S LIKE ME SAYING I DON'T LIKE DRUNKS HEY LETS GO TO A BAR....HERE IS UR SIGN!

Posted by: Ashley on Nov 17, 2008 at 12:05 PM
Can someone please look up the definition of democracy and show it to the health department???? I'm not a smoker, but it kills me that this government agency of unelected officials saw fit to tell people that they aren't allowed to smoke in a BAR of all places!!! Bar owners: STAND FIRM and hire a really good constiutional lawyer.

Posted by: Jonna on Nov 17, 2008 at 10:55 AM
Simple Fix, open a club/bar in Charleston called "The Smoking Club" and let all those men and woman who want to kill themself a slow and very painful death smoke like it's 1999! I saw first hand what smoking does, it was my mother who recently passed away from COPD due to smoking for about 60 yrs. and it wasn't a pretty site, the pain she suffered in thoses last couple of months were horrifying. Now a days we know smoking KILLS but yet you see young girls & boys smoking.

Posted by: Anonymous on Nov 17, 2008 at 10:32 AM
there is no reason why business cant have a smoking area off a bit from those who dont, this goes to bars,resturants,and even hospitals they can have a place closer to the enternce without hendering those coming or going,i hope the judge will see it this way......

Posted by: Member on Nov 17, 2008 at 09:23 AM
I did not renew my Moose membership this year (after 9 years) because of the smoking ban. Why pay the fee if I can't go there and enjoy a smoke. I also spend my gambling money either in Putnam Co or the bingo halls. I'm sure that I am not the only one and maybe when the county loses enough money off of the video lottery they will fire these idiots at the health board and reverse this stupid ban.

Posted by: MS on Nov 17, 2008 at 09:16 AM
To Whiners, The majority has not spoken. Since when did we vote on this issue. This is something the health board just took upon themselves to do. If we voted on the issue and lost, then maybe we would have to get over it.

Posted by: Voter on Nov 17, 2008 at 09:10 AM
To Angie: You are bitter...And what exactly is a smoking BAND? Get a life!

Posted by: RoaneCo. on Nov 17, 2008 at 08:14 AM
Angie do you have the right to pollute my lungs with your cheap perfume or your breathtaking hairspray. Do you have the right to such poor eating habits that you become so large that you can not even perform proper hygiene. Does your snotty nose kids have the right to spread their germs by playing with the condiments on the table or sneezing down the neck of the party in the booth behind them. See I can be just as ridiculous as you. To allow smoking should be the business owners decision not you or the Health Department.

Posted by: AngieFan on Nov 16, 2008 at 09:24 PM
I agree with Angie! Don't smoke in front of stores. I don't care if you smoke in bars. Children don't belong in bars.

Posted by: Anonymous on Nov 16, 2008 at 06:05 PM
it will be ok to smoke, later after all the jobs in the tobacco business is moved over seas somewhere,most all the unbrand cigs are from somewhere other than the usa if you dont like smoke stay away,we dont smell that much smoke in resturants that has exhaust fans anyhow...u go SMOKERS!

Posted by: eddie on Nov 16, 2008 at 03:17 PM
I agree with Angie

Posted by: Old Professional on Nov 16, 2008 at 02:09 PM
To Angie....smoking is legal...do you drink alcohol or sometimes indulge yourself with a "Big Mac" and fries binge? The health departments need to focus on food service workers and meal preparations. Take a look through the drive-through window and you will see dirty uniforms and dirty counters. A friend of mine used to ask for a table in the smoking section because she said "that is where the friendly people are!" Too many rules...not enough freedom and getting worse.

Posted by: Anonymous on Nov 16, 2008 at 11:52 AM
It is so stupid! If you dont like the smoke dont come in! These bars are these peoples lives! IT pays their bills and puts food on their table. So lay off of them! Its a dang bar my goodness its not like its a church! Let them smoke. I trhought it was a free country but i guess it isnt they take away smoking rights!

Posted by: anonymous on Nov 16, 2008 at 10:54 AM
to the owners make your place private not public and put a sign up saying smoking is allowed and if you dont smoke and it bothers you DONT GO IN. this is your business and you should be the boss. if you people who dont smoke and dont like it stay away from it you dont have to walk through it theres other doors and other ways to drink and play poker or whatever. the law says public so make your place private members only and make them sign a contract saying they are aware of this being a smoking place. yea smoking may hurt you but it is your civil right to smoke. maybe we need to rally like the gays, we might get somewhere.

Posted by: whiner on Nov 16, 2008 at 09:13 AM
As a former smoker, I understand the problem. What everyone needs to understand is that these bans are here to stay, they aren't going away. So if you decide to "continue smoking anyway" and the businesses let you, you are all breaking the law, you get what's coming to you when you get caught. Ignorance of the law is one thing, blatant disregard of it is another.

Posted by: Annie on Nov 16, 2008 at 09:03 AM
To Are you serious, I AM PART INDIAN!!!What do you think Grandpa put in his pipe???? To Angie, MY RIGHTS ARE JUST AS IMPORTANT AS YOURS. If I own my own place and I choose to allow smokers then STAY OUT!! YOU ARE NOT WANTED!!!!!

Posted by: Angie on Nov 16, 2008 at 04:28 AM
I am so tired of dealing with selfish smokers. You light up at entrances and exits. So, in order to get inside the mall or Wal-Mart, I have to drag my children through your pollution. Then, when you are finished, you throw your butts on the ground and enter the establishment stinking. Smoking not only harms the smoker, but everyone around the smoker. This is not you right to do. You do NOT have the right to pollute my lungs! I wish they would just stop growing tobacco. We don't need it. Smokers are a bunch of weak, dependent followers. Give it up already. You have been suckered by the be tobacco companies and are too stupid to realize it. I stand behind the smoking bands. For too long, non-smokers have been harmed by your carcinogenic habit. Can't you think of something better to spend your hard earned money on?

Posted by: RoaneCo. on Nov 16, 2008 at 12:42 AM
Let me say it once again, as of today 11-15-08 tobacco is a legal product. Do I need to get out the carola crayons.

Posted by: Are you serious? on Nov 15, 2008 at 11:31 PM
Annie, are you serious? Do you really think the American Indian fights to keep the America you & I know, free? Any American Indian that cares about his/her culture would tell you or I where to get off and what to do with the Constitution or Bill of Rights. I think what you are trying to say is, other cultures/religions like the Muslim extremists will change our way of life if we 'the people' enable them by not confronting their demands however, I'm not sure I would lump the American Indian into that group. They've already been dumped on by us.

Posted by: Becka on Nov 15, 2008 at 09:02 PM
In Point Pleasant,You are allowed to smoke at the McDonalds and Bennigan's.Where is the smoking ban there???

Posted by: Smoker on Nov 15, 2008 at 07:32 PM
What rights does the Health Department tell people they cannot smoke. I'm sure the majority of them are smokers. They need to worry about sick children and older adults. This is costing businesses a lot of money. I would rather smoke a cigarette than drink liquor. I bet they have their drinks and smoke at home. So keep them home and leave the rest of smokers and drinkers alone.

Posted by: Abby on Nov 15, 2008 at 04:59 PM
Let THEM open their OWN bars and leave you alone. If they want to get DRUNK and KILL a family,fine but smoking has NEVER been linked to DRUNK DRIVING. They have been in our BARS so let THEM buy their booze and GO HOME to drink. STAY OUT if you don't like it!!!

Posted by: Anita on Nov 15, 2008 at 04:51 PM
Let's make it easy for THEM. If there is a war, tell to fight it YOURSELF don't ask me to fight it for you. We have rights. DON'T let THEM TAKE IT AWAY FROM YOU!!!!!! Iam tired of giving my sons and daugters to have MY RIGHTS TAKEN AWAY!!! STAND UP AMERICA. No smoking, no prayer in school,no this, no that. What next? Telling us no kids, when to eat, when to sleep? Then let THEM grow their own food and see how long it takes them to ask for something THEY can't do. I grow my own food and smook MY OWN tobbacco. So when I have food and you don't, DON'T ASK ME TO FEED YOU!!!!

Posted by: Annie on Nov 15, 2008 at 04:37 PM
Smokers have no RIGHTS so as prayer in schools. This country was built on the right to pursue happiness. WE as a country have let too many come here and change our country and they have gotten away with it. Ask an american indian or a soldier what THEY have been fighting for and WE WILL TELL YOU, TO KEEP AMERICA FREE. So tell those that don't "If like it to leave it". You liked it enough to come here, instead of trying to make it YOUR way then "THEN GET OUT"!!!IT'S OUR COUNTRY....

Posted by: Abe X 2 on Nov 15, 2008 at 03:59 PM
Also, "marijuana" may be used to make rope, unlike tobacco which is only smoked or chewed. The WWII propaganda film "Hemp for Victory" is a nice portrayal of its uses. Funny that the government denied the film's existence until it was discovered in the National Archives in the 1980s. It seems we needed hemp (marijuana) for the war effort in WWII and we made it "legal" again just for that purpose. We then demonized it after the war since it had served its purpose and we could get cheaper rope fiber from underpaid workers overseas. You can tell that I know a lot about this topic, unlike most of the sheep in the country who follow whatever the Christian right tells them to.

Posted by: Honest Abe on Nov 15, 2008 at 03:56 PM
RoaneCo., I'm not sure how it is a stupid comment. Do you know how many Americans lost their jobs in the hemp industry in 1937 when the Marijuana Stamp Act was passed? At the time it was Kentucky's biggest cash crop, so you can imagine that it would be similar to the US declaring coal illegal and the effect it would have on West Virginia. Not to mention the fact that if you research the legislative history of the Act, that most of the senators/congressmen did not know that they were voting to ban hemp since it was called "marijuana" in the bill. You would also see that the President of the AMA did not support the bill because no scientific research supported the assertion that marijuana was harmful, unlike smoking. Lastly, in the 1960s when Congress declared the Act unConstitutional, Nixon had to work hard to get it federally banned again. He commissioned the largest study ever which came back with the conclustion that marijuana should be decriminalized. Ignoring this, he banned it.

Posted by: Doug on Nov 15, 2008 at 12:39 PM
Why don't these Hinchman spend some time trying to stop these dangerous drugs? I guess they are to high on coke themselves. Now days nobody cares if babies are aborted and killed but they'll put you in jail if you kick a dog! Now that is what this country has come to!

Posted by: Charlie on Nov 15, 2008 at 12:38 PM
Ya whiner we are going to continue to smoke so you should take your own advice & get over it...shew

Posted by: MarryMe on Nov 15, 2008 at 11:47 AM
If Lisa lives by her statement that "my rights end where yours begin" I sure would like to have her for a wife. Especially if she adheres to the husbands rights outlined in the bible.

Posted by: christine on Nov 15, 2008 at 11:10 AM
ARE YOU KIDDING ME????? FIRST THEY TOOK SMOKING OUT OF RESTAURANTS WHICH REALLY MADE ME MADE CUZ THAT IS WHEN I HAVE TO HAVE A CIGARETTE THE MOST AFTER I EAT BUT I WAS GOOD WITH THAT I JUST LEAVE AS SOON AS I AM DONE EATING NOW. THEN THEY TOOK SMOKING OUT OF BARS THAT ONE REALLY BITES CUZ I KNOW PEOPLE WHO DO NOT SMOKE ALL DAY UNTIL THEY ARE DRINKING IN THE BAR AND THEY HAVE TO HAVE A CIGARETTE WITH THEIR DRINKS. BUT THAT IS NOT REALLY MY, MY POINT IS, WHY ARE ALL OF YOU NON SMOKERS ALWAYS TYING TO STOMP ON OUR RIGHTS TOO??? YOU HAVE TO BE KIDDING ME WHY ARE YOU SO MUCH BETTER PEOPLE JUST BECAUSE WE DO NOT SMOKE? IF YOU DO NOT LIKE SMOKE DO NOT GO TO THE BARS DRINK AT HOME IT IS CHEAPER ANYWAYS LEAVE US ALONE YOU GUYS KILL ME WITH YOUR SECONDHAND SMOKE BULL. THERE ARE MORE OF US THEN YOU THAT EVEN GO TO THE BARS AND YOU ARE REALLY PUSHING IT PEOPLE. THE MOSE LODE GOT SITED ARE YOU KIDDING ME THE PEOPLE WHO PAY THEIR MEMBERSHIP DUES SHOULD BE ABLE TO MAKE THEIR OWN DECISIONS!!!!!!!!!!!

Posted by: Spirit of '76 on Nov 15, 2008 at 10:49 AM
You know who else banned smoking? The nazis.

Posted by: confused on Nov 15, 2008 at 09:59 AM
SMOKING IS A PERSONAL CHOICE. WHAT I DON'T UNDERSTAND IS WHY THE BAR OWNERS ARE NOT HELD ACOUNTABLE FOR THE RULES. IF THE HEALTH DEPT FINDS VIOLATIONS IN AN EATERY, THEY ARE CLOSED UNTIL PROBLEM IS FIXED. THE BIG PROBLEM IN OUR WHOLE COUNTRY IS...NOT ALL ARE TREATED EQUALLY. OUR LAWS NEED TO BE ENFORCED, PERIOD. IF YOU DON'T ABIDE BY THEM, PAY UP. EVERY BAR WHO ALLOWS SMOKING SHOULD BE CLOSED DOWN. IF THIS HAPPENED, THE LAWS WOULD BE HONORED.

Posted by: whiners on Nov 15, 2008 at 09:53 AM
The majority has spoken, smokers lost, get over it.

Posted by: RoaneCo. on Nov 15, 2008 at 09:18 AM
Normally I refrain from making harsh statements, but Honest Abe your comment is just stupid! Tobacco is a legal product! Do you want to make tobacco illegal and then watch all the jobs be lost that tobacco provides. I also wonder what the govenment would put a tax on to make up for the tax dollars lost on a tobacco ban. Maybe we should put a $1.50 tax on a gallon of milk. Would you defend a milk tax Honest Abe?

Posted by: JUST MAYBE on Nov 15, 2008 at 08:21 AM
Hey the health depts of this state should be worried about something else other than smoking in bars if people dont like smoke go elsewhere how about doing something about the latest data and these overweight micky d loitering people I think you should ban fast food joints they are what is killing wva more than smoking and the tax on tobacco is more income than the tax on fast food so dont bite the hand that feeds u.Parents that take their kids to these fast food joints should be charged with abuse and just like the tobacco industry we should sue fast food for damaging our health get a class action settlement in the billions then shut them down. I can see it now health dept workers slinking around trying to match fingerprints to Big mac wrappers

Posted by: MrObvious on Nov 15, 2008 at 07:07 AM
This whole nanny-state over-bearing government model will run its course the minute it steps on the whining non-smokers rights. They will be indignant and upset that THEIR rights are taken while being perfectly happy to let another groups rights be trampled on. Once you let government get into controlling areas that it was never meant to control, it will eventually effect more and more silly things. By then, it will be too late. There was a movie with Sylvester Stallone as a cop and Wesley Snipes as a bad guy that had both been put in a frozen state. They were re-awakened in the future and it was hilarious all the controls the government had. Some of y'all need to watch that movie as this is the path that we are on. Freedom is not easy, and sometimes it means having to put up with enduring your neighbors freedom. That is what you anti-smoking nazis fail to realize.

Posted by: MrObvious on Nov 15, 2008 at 06:59 AM
This is another prime example of an over-reaching government violating our rights. The Health Department is not an elected entity and has no business making laws or enforcing them. It is un-Constitutional and I applaud the bar owners. The Officers of the Court have given an oath to defend the Constitution and they are failing it. They should be fired or voted out of office, whichever is appropriate for their position. I am not a smoker, but I am tired of the government trampling on OUR rights. The smoker has the same rights as the non-smoker. One does not trump the other. That is the thing that you regulation happy people tend to forget, or ignore.

Posted by: Lisa on Nov 15, 2008 at 06:54 AM
I was always taught that: my rights end where yours begin. So if they are smoking in a public place then yes, their rights end where mine begin. It is obviously not illegal cause the courts are upholding it.

Posted by: Tonda on Nov 15, 2008 at 04:07 AM
Next they will tell you what you can and cannot eat. Yes, it is coming to that. If you are overweight by any amount they will start telling you what and where you can eat. This is happening in some places now. I don't know about everyone else but I thought I lived in a free country. I find it strange how you can drink alcohol and kill and whole family but you can't light up a cig in a public place.

Posted by: jeremy on Nov 15, 2008 at 04:02 AM
what happened to this supposed free country where we can do what we want? this is a first step towards communism. so strap in its going to be a bumpy ride.

Posted by: dave on Nov 15, 2008 at 01:00 AM
YEA JTV, put some more people out of work. I am not a smoker, but remember one thing, The constitution is not about you standing up for yourself, but standing up for your neighbor. those buisnesses belong to the owners and not you. But since you believe the way you do, give me your address and ill come over and check through your life and see if i can make some changes.

Posted by: Honest Abe on Nov 15, 2008 at 12:16 AM
It's illegal folks. Just like smoking pot or crack. How many of you would defend that?

Posted by: Wonderin' on Nov 14, 2008 at 09:04 PM
Okay, OMG, are you serious? First of all, I am not a smoker, however if you smoke, that is your business. If the smoke bothers me - I DO NOT GO THERE! I honestly thought that facilities like the Moose Lodge was exempt from that law because you actually have to pay a membership to be a part of that establishment?!?! Just wait, before it is over, you will not only NOT be allowed to smoke on your own real estate, but you will not be allowed to drink in a bar! Mark my words!!!

Posted by: JTV on Nov 14, 2008 at 08:03 PM
I'm sad that it has taken this long for the Health Department officers to cite those establishments that refuse to abide by the laws. I say close them down if they want to continue to harm innocent people by allowing the over 4000 deadly chemicals of secondhand smoke to fill their buildings. If they really cared about making money, they would show their customers and employees that they were concerned about them instead of trying to kill them off.

Posted by: Elna Hoffman on Nov 14, 2008 at 06:31 PM
WHO CARES IF THEY SMOKE IN BARS? I do not smoke, (my husband does) I do not go to bars, (neither me nor my husband does) Let them smoke...People that don't go there should not care. They need to quit trying to control the world!

Posted by: Mr. Bar on Nov 14, 2008 at 06:07 PM
Kent Carper is just like Saddam Hussein, maybe we can find him hiding in a cowardly hole one day. I doubt it, Carper has FOK people doing his dirty work......

Posted by: Melissa on Nov 14, 2008 at 05:05 PM
I have said it over and over again. The smoking band is stupid. I am non smoker and it messes with my good time when people don't come out like they use to. What's even funnier is how the gambling machines don't seem to pay out as often either. Everyone is loosing business, if your a bar drink it's not healthy either so what difference does it make if your smoking. I know what I'm walking into, it should be a choice. Are freedoms are being taken away slowly day by day by people who have nothing better to do cause more problems for the economy then there are is.

Posted by: samm on Nov 14, 2008 at 05:04 PM
Kudos to Tim, very well said. Lets fight to get our country and our freedom back.

Posted by: Whatever on Nov 14, 2008 at 03:17 PM
To hahahaha: If you don't want your lungs "poluted" than STAY AWAY! It is that simple...DUH!

Posted by: samm on Nov 14, 2008 at 03:00 PM
If they own or lease the building then they should be allowed to set the rules, next we will hear the bars are moving out of the city limits and what that gonna do for city taxes.

Posted by: Tim on Nov 14, 2008 at 02:53 PM
I think it is time to take a stand if you smoke or not and I believe that under our state constitution that a no elected body(county health dept.) do not have the authority nor the constitutional power in which to create or enforce laws and that only the legislature has this power and if we do not take a stand and take back our counties and our country and stop letting the minority rule this will continue and thanks to these few who have taken a stand maybe this will start to happen.

Posted by: John on Nov 14, 2008 at 02:38 PM
What a waste of the taxpayers dollars. It is the right of the owner of the establishment to make this type of decision, and the right of the customer to decide if they are going to do business there. How much money is being wasted on this? What happened to Mountaineers are always free?

Posted by: hahahaha on Nov 14, 2008 at 01:36 PM
HAHA quit polluting my lungs

Posted by: RoaneCo. on Nov 14, 2008 at 01:29 PM
"Land of the Free", what a joke.

Posted by: J on Nov 14, 2008 at 12:56 PM
Make the violation a felony under federal law and a fine of up to 100,000 and no less than 10,000 and see if they don't abide the law..

Posted by: Bob on Nov 14, 2008 at 12:50 PM
Here in Chicago, as the ban is nearly a year old, it's fading into oblivion in many small local bars. Like poker machine raids, smoking raids will be occasionally good TV entertainment when real news is slow.

Posted by: Don on Nov 14, 2008 at 12:14 PM
I have been a member of the Nitro Moose Lodge for years (actually, sincee 1981 when I got out of the army and returned home). I do not smoke. I always enjoyed the Nitro Moose Lodge, though, because they have large overhead ventilators that suck up all smoke. I could be standing next to half a dozen people smoking away, and I would not be able to smell any of it. If an establishment has invested in this kind of advanced ventilation system to clear smoke from the air for their non-smoking patrons, why would they be subject to the smoking ban? It seems to me that they should be rewarded, not penalized.

PHONE IN YOUR YELLS TO: 1-866-616-5354
The Yell: Comments for the Week of 1/4
  • Posted By: Fixed that for youAny one who is paid by the general public, us, should have no problem taking urine tests. After all they are in the pubic debt for paying them. Its simple NO TEST, NO CHECK. This is not an attempt to violate rights, it is an attempt to enforce the publics right for our money to go to people in government and on welfare who can be TRUSTED.
  • Posted By: Chris to WSAZTo all the workers and employees of WSAZ: Thank you for being there and allowing comments about the news.Our family watch only WSAZ news and enjoy each of you. I know that the recognition that you receive is little to none,but you deserve better.This goes out to the producers,cameramen,to everyone behind the scenes and the ones that are seen too. Thank you for having the best news program available to the public. God Bless Each and Everyone of You. Chris
  • Posted By: redbaronin response to pablo on comment dated 01/06 - EXCUSE ME!! I do believe FIREFIGHTERS also risk their lives for total strangers and no they are NOT law enforcement!
  • Posted By: omgI am so sick and tired of hearing how public school teachers are indebted to the public for their salary. Many of you are so freakin nosey that if your neighbor stopped too fast, you'd have to get a crane to remove your head from their rear. I am so tired of this drug test line. Teachers deserve to pee in peace and so do you. Why should teachers be forced to have their personal lives paraded all over the news? That is exactly what would happen. If a typical joe blow got fired from the coal mines for drugs, it wouldn't make front page news. A teacher being fired for drugs would. You people expect teachers to be the mother, father, grandparent, clergyman, counselor, as well as the teacher. You don't do anything with your kids but expect the teacher to fix all the problem you create. Some of them probably need drugs by the time they are done raising your spoiled kids who think the world owes them something on a silver platter. Take your own drug test before you get pregnant.
  • Posted By: SophieRe: The student (Hinzman?) being expelled for using foul language after being bullied & beaten on school grounds; you should not have been expelled for expressing your hurt, anger & disgust. You were a victim and did nothing. It is unreasonable to punish the victim - so what if he cussed - I'd cuss too if someone beat the beegeebers out of me. The kid who beat you should receive jail time & counciling; the kid who filmed you & released it on U-Tube should too. It has often been said that television is desensitizing our children so badly they have no empathy for others. This is a prime example. I hope the school board will have enough common sense to clear this victims school record of the incident as he should not have been expelled, and get him counciling also as such a trauma will surly have an effect on a young life.
  • Posted By: BoydAny one who is employed and gets paid by the general public, us, should have no problem taking urine tests. After all they are in the pubic debt for paying them for their work. Its simple NO TEST, NO JOB. This is not an attempt to violate rights, it is an attempt to enforce the publics right for federal, state and municipal employees who can be TRUSTED.
  • Posted By: GeorgeAs a parent I have no problem being drug tested. I'll stand in line right behind Katy.
  • Posted By: goodorbadI look at it like this-if you dont have anything to hide, shut up and do the test!
  • Posted By: RickI think all teachers should be drug tested, I drive a transit bus for our county and I want the public to know I am drug free and teachers should want everyone to know the same, that their children are not in the care of people on drugs,if you have nothing to hide why object to random testing I know I don't
  • Posted By: TeaI can't even imagine that our teachers have not been drug tested up until this time. Anyone who refuses should be fired. These are our children!!! People take drug test when they don't even work with people, let alone children. These are government jobs and we should have a say in what they have to do.
  • Posted By: AriCheers to Rob-I feel ya!
  • Posted By: joeI have worked for companies all over this nation and have had to take drug tests. Why should teachers be exempt from this practice? It is now common to be randomly tested(and I have been) so what makes a teacher any different than a steel worker. I can say proudly that I passed but I have seen those who didn't. They chose to use drugs and lost their jobs I didn't.
  • Posted By: KatyAs a teacher, I have no problem being randomly drug tested...as long as you agree to drug test the parents who enter the doors of my school as well. Most teachers deal with students who are exposed to/use more drugs and alcohol than any of the teachers. If these students or parents who are using drugs (and are not drug tested) enter our schools, the safety of the teachers and students are at risk. Since children spend more time with them, let's randomly drug test PARENTS, too!!!
  • Posted By: stephenWhy the heavy emphasis ont he damage to property and life Israel is doing . Where was the media uproar for years that Hamas was rocketing Israel irespective of innocent israelis.. Hamas is actualykilling their own citizens by firing rockets from UN schools and residents. Why does UN allow Hamas to use facilities for attacking Israel, then complain when Israel responds to protect their territory and citizens. Israel targets military targets, respons to from whence rockets or gun fire comes. What would we fire at if Huntington was attacked?Why does the media not put bla,e where balame belongs, and give moral support to the aggreived.What would America do if attacked? to whom would we listen? Russia, Saudi Arabia,Iran?.Media get REAL! Who has given Hamas and the Palestinians millions with which they could buy weapons---American taxpayers money!
  • Posted By: RobertAlthough I feel for the employees that lost their positions at Cabell Huntington Hospital, at least more nurses were hired. I recently had a relative in the cardiac unit at Kings Daughters, in Ashland, and I was told that the nursing staff had been cut back and that no overtime was being given. This seems to be a drastic cut in patient care for a facility that spends thousands advertising that they are in the top 5% of cardiac hospitals in the country. I would be willing to wager that the Cleveland Clinic has not cut hours of those giving patient care.
  • Posted By: BoydIf the state's budget is doing so well, why don't we use some of this money to help towns and cities in the state who are in trouble with their budget, or will this just become another pay raise for politicians?
  • Posted By: RobWhy does everyone have to be so into using the term "racist" and have that kind of attitude. I know what my heritage is and who my ancestors were but you want to know what I consider myself? I AM AN AMERICAN! I was born and raised in this country and that's how I feel it should be. Born here, raised here.....then by God you are an American. Not an African American, not an Asian American etc. etc. You are an AMERICAN!
  • Posted By: ChrisTo Ex-Officer: I agree with you 100% about the pay of police dept and the drug testing. I was formerly involved with the BCPD and had multiple ride alongs with the BCSO. I am probably one of their biggest critics due to having watch some of the bad side of the department for a long time. I wish that I could tell everything that I have seen officers do,which would put most of them behind bars or they'll lose their sheild, But retalliation is bad in our area. To the cops that do their job and do it with the best intentions, I proud of you and don't mean any disrespect. To the ones who I personally watch being more currupt then the "badguys" here,your day will be coming.
  • Posted By: PabloTeachers aren't the only ones underpaid. Law enforcement officers are underpaid also. And I'd like to speak about them. For example, I'm sure any parent would sacrifice their live for thier children. And several may give thier live to save their spouse. A few individuals may even do it for a close friend. But, I only know of 3 types of beings who will sacrifice thier lives for complete strangers; indeed even for people who hate them. The first would be our men and women in our armed forces. The second would be our law enforcement officers. And of course, third would be our Savior, Jesus Christ. Others are killed in the line of their employment, but not in order to save a complete stranger. Everytime a cop puts on his/her uniform, they can be a target for anyone upset about something. Even though it doesn't involve the cop personally, that very cop will give his life to save yours when a problem arises. We need to give our cops not only a wage, but a living wage and a great big THANKS.
  • Posted By: CraigIf what I am hearing is correct that Kanawha County teachers accepted a pay raise in return for submitting to drug testing, and then sued successfully so they do not have to be subject to testing, then why shouldn't we the taxpayers demand they return the raise?
  • Posted By: teresaracist lmao i am one cherokee,german,irish,german,and who knows what else TIRED of hearing of racist comments u are either GOOD OR BAD k no skin color needed just evil or NOT
  • Posted By: Ex-OfficerI agree with Robert 100% I worked in law enforcement and loved the job but try to rise a family on less than 10.00 an hour (out of that pay for your own duty gear and gun). I believe that all public safety workers should be drug tested but i also believe that they should be paid for the job that they do. Not many people understand what a public safty worker goes through. Would you put your life on the line for this kind of pay? Remember the saying that you get what you pay for. I see this in several new officers in my area. Don't get me wrong there are still very good officers in law enforcement. Something really needs to be done about the low pay for these jobs.
  • Posted By: GarlandWhat's the difference between teachers and other workers(coal mineers, bus drivers, state employees,etc.)? Teachers aren't any better are they?
  • Posted By: This is not a comment, but I would like comments on it please. What do you think of Poca High School? Racist or not?
  • Posted By: RobertWe the people, through our own self centeredness and apathy, have allowed our teachers and police officials to be some of the most underpaid people in the United States. We are trusting our childrens education and our public safety to the very people that are some of the most underpaid profesions in the U.S.. If I could change this, I would. However, I do believe that these people should be randomly drug tested. I work in the construction industry and I have no problem being drug tested. I have nothing to hide. I also believe that any person who is intrusted with the safety of others should have nothing to hide. This includes plitical officials up to and including the president.
WSAZ.com Sponsor Sections & Links
SOMC
Very good things are happening here
Prudential Bunch
Since 1959 unequaled performance
Moms4Moms
By moms, for moms
WV Lottery
Nightly drawings and numbers
WVA Electric
Visit our unique lighting lab
Big Sandy
For all your furniture and appliance needs
Budget Blinds
The best in custom window coverings
Smackdown Live
Watch & Win: Win 2 tickets to Smackdown Live
Healthy Tri-State
Live a healthier lifestyle in 2009

WSAZ Mobile