KANAWHA COUNTY, W.Va. (WSAZ) -- Some Kanawha County bar owners are uniting Tuesday night to make one clear statement about the new smoking ban.

They’re putting the ashtrays back out, allowing smokers to light up once again, and breaking the law.

It’s all to protest the expanded ban, which eliminates smoking in most public places including bars and gambling parlors.

It’s like old times inside the Black Hawk Saloon.

Business is booming for owner Kerry Ellison on this night dedicated to smokers.

Ellison is breaking the law and proud of it.

He’s standing up against the smoking ban and he says it has cut his business in half.

This is not the only bar bringing back the smoke for at least one night.

Customers are lighting up in several spots across Kanawha County.

Two weeks ago, bars owners took to the streets to protest the smoking ban.

Despite all their efforts, health officials are not letting their fumes get to them, and so despite the protests, the ban will stay in place.

Kerry Ellison says he would follow the smoking ban if other bar owners did the same.

He says a lot of them are breaking the rules without facing any consequences, and says that's making it hard for him to compete.

Health department officials say they will fine bar owners who ignore the ban, but they're not planning on making extra checks tonight.

Bar owners could face fines up to $1,000.