CHARLESTON, W.Va. (WSAZ) -- A Kanawha County Magistrate found a bar owner guilty of violating the county's smoking ban.

Kerry Ellison, the owner of the Blackhawk Saloon was in court Wednesday. He's accused of blatantly defying Kanawha County's smoking ban.

"I wish I had customers that came in as frequently as (the health department)," Ellison told the magistrate during opening statements.

Ellison pleaded not guilty. He didn't have a lawyer with him at the hearing so he presented opening statements and cross examined a witness.

"I am not the smoking police," Ellison said.

An official with the Health Department told the magistrate that Ellison's actions led other bars to violate smoking ban.

In the end, the magistrate found Ellison guilty on both citations and fined him $200. He will also have to pay court costs.

Originally, the Kanawha-Charleston Health Department said if he were convicted, the board would pull his health permit, but Anita Ray just told WSAZ.com the board does not plan to revoke his permit.

Supporters of Ellison were out in full force Wednesday morning in Charleston for a "We Smoke, We Vote" rally.

Organizers say they should be allowed one place inside the bar where they are free to smoke and meet with friends.

[ Copyright 2010 – WSAZ.com. All Rights Reserved. ]
This material may not be published, broadcast, rewritten or redistributed.
Severe Weather and Breaking News Coverage

To send a news tip or submit a story idea, e-mail news@wsaz.com

---

Latest Comments