Bars Breaking Smoking Ban Law in Attempt to Boom Business
Bars Breaking Smoking Ban Law in Attempt to Boom Business Save Email Print
Posted: 10:42 PM Aug 19, 2008
 Last Updated: 11:05 PM Aug 19, 2008
 Reporter: Will Jones
Email Address: will.jones@wsaz.com
61 comments
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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.
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Posted by: NON SMOKER on Aug 22, 2008 at 11:03 AM
I agree with JG!!! nothing smells worse than a cigarette smoker!! except a WET cigarette smoker NASTY!!! I work in the medical field and when you seal this smell up in a room it is nasty!!! why should non smokers have to tolerate this we have RIGHTS too!!! The bar that defied the ban should be fined and the license pulled!!!
Posted by: Anonymous on Aug 22, 2008 at 10:43 AM
If we leave it up to the bar owners than we'd have bars that you can smoke in and bars that don't allow smoking. That way the smokers can smoke and the nonsmokers have a place that they can go to that's a smoke free environment, everyone's happy! How about a well ventilated smoking area that's sealed in where smokers can light up inside so they don't have to brave the cold in the winter or the rain... and it keeps air in the main area fresh! (I don't know...just a thought)
Posted by: VM on Aug 22, 2008 at 10:05 AM
You know Barb, if your husband wouldn't have insulted the woman at the football game she may have noticed he had issues and smoked elsewhere. Most smokers are considerate of others unless provoked by rude remarks such as your husband's. He sounds like a typical bitter reformed smoker.
Posted by: Ashley on Aug 22, 2008 at 10:00 AM
MrObvious said it best. This isn't a question of whether smoking is bad, this is a question of Constitutional rights. These UNELECTED officials made a law banning LEGAL substances from a PRIVATE establishment. What's next? Are we going to ban tanning salons? Everyone knows they can cause skin cancer. Or how about we weigh people as they come into restaurants? Everyone knows that most restaurant food has more calories and fat than anyone should consume in a single meal. Maybe we should institute a maximum BMI and turn everyone over that BMI away. Maybe we should just limit the amount of money you can spend on clothing, or sports gear. You know, Americans are in debt, and if we limit their spending, we can fix it. Yeah, that should fix everything! Do you people really want to live in a society where you don't have the freedom to pursue whatever unhealthy vice you may have? Do you really think no one deserves the freedom of choice?
Posted by: Tonda on Aug 22, 2008 at 06:52 AM
Here they want to lower the drinking age to 18 but I'm 38 and not aloud to have a cig where I want or when I want. This is not about whether smoking is bad for you, it's about the rights that an individual is suppose to have. Next, since WV is the second fattest state, they will tell you what and when you can eat. I, for one, do not like having my rights taken away. I thought it was a free country.
Posted by: JG on Aug 22, 2008 at 12:12 AM
If you notice even from the posts here from smokers they dont care if they are hurting anyone else with their habit. Its their right and according to them they can do it where ever they want. The rest of us can just live with it. I wonder how they would feel if people started packing squirt guns and let them have it.
Posted by: steve on Aug 21, 2008 at 08:55 PM
billy you are exactly why people from wv get made fun of. I'm all for allowing smoking in bars but non smokers have just as much right to be there. Smokers have no right killing other people or causing health problems to anyone but themselves.... son you better back away from the stove cause you just got burnt.
Posted by: Anonymous on Aug 21, 2008 at 06:42 PM
the smokers and non smokers are all a bunch of cry babies. Bars are good for nothing more than keeping jails full of drunks and murderers
Posted by: Anonymous on Aug 21, 2008 at 05:52 PM
yes i smoke were ever i want i would like to see the health department ask me to put it out.
Posted by: Anonymous on Aug 21, 2008 at 05:42 PM
I sure hope that the health dept. does cite these people that think they are above the law. I could care less about the ban in bars I don't frequent them anyway, but I do, however disagree with these tactics. Hope all of you bar owners made enough funds to pay for the fines that should be handed out. The way I see it, they owners had the warning when the law was passed, they should not be getting any additional warnings. Welcome to the future...
Posted by: SP on Aug 21, 2008 at 04:45 PM
I smoke and I feel that it is my decision. People who do not smoke or have quit aggrevate the living crap out of me. You quit so what, big deal if I wanted to I would but it seems I don't. Everyone has the right to smoke if they want to. Don't discriminate just because you don't. I have to agree with most of these people, if you don't like the smoke leave or don't go in in the first place.
Posted by: Dawn on Aug 21, 2008 at 03:02 PM
The way I see it if you smoke outside someones complaining about it and if you smoke inside they are complaining about it. If tobacco wasn't such of a profit to our government as far as taxes go they would make smoking illegal. If you don't like smoking and they allow it in a bar be safe and save money, drink at home. Throw a party in your back yard with nieghbors and let everyone crash at your house. If you go out to the bar you'll be drinking and we all know you didn't grow wings and fly to the bar so we know you'll be driving home. Which is worse, going to a bar with smoke having a few driving home wrecking and killing yourself or someone or staying home where there is no smoke and you don't have to worry about killing yourself or someone. I smoke and I believe to each thier own. I don't smoke in front of doors or any of that but don't be rude if someone is outside smoking. They are already putting a limit to that.
Posted by: billy on Aug 21, 2008 at 12:18 PM
i smoke i vote if you dont like smoke walk away simple
Posted by: KC on Aug 21, 2008 at 12:29 AM
I used to smoke and quit a few years back. I'm all for banning smoking in the park where people have family outings (with elderly and children) and go to exercise... I'm also for banning smoking in places like grocery stores and malls... But bars? It seems odd to me... I don't know. When I think of a bar I think of it being all dark and smoke-filled. If people are there getting intoxicated, they might as well smoke too.
Posted by: Rick on Aug 21, 2008 at 12:10 AM
I have never been to Black Hawks but I will be there Saturday night. My Thanks go out to the owner.For standing up to the the Health Department
Posted by: Paul on Aug 21, 2008 at 12:09 AM
LET FREEDOM RING take that non smokers
Posted by: anonymous on Aug 21, 2008 at 12:04 AM
I don't care if someone wants to smoke. I ask them to understand that I have emphysema and their smoke is further damaging my lungs. So, please try not to start right in a door way so that I can't get past you without inhaling 3 or 4 heavy breaths of smoke. It really does make me sick and causes me trouble for days. I have a right to leave my home and take care of things without being exposed to your carcinogens
Posted by: Barb on Aug 20, 2008 at 11:45 PM
What gets me about this whole smoking thing is my husband had open heart surgery last year, and he was able to go watch our grandson play football,and a woman was smoking and he just said ( oh smoking here too) and she blew the smoke in his face ,Now I think first of all there should be no smoking there anyway and second if he had of punched her lights out he would have done us all a favor. So to all you smokers my husband quit smoking 20 years ago and smoke still bothers him, so blow your smoke somewhere else,and when you do get sick or God forbid get cancer don't expect taxpayers to pay your health care bills, We are paying for too many already!
Posted by: JG on Aug 20, 2008 at 10:05 PM
I could care less if smokers smoke themselves silly. However I do not want their smoke shoved in my face at restaurants, grocery stores and department stores. I paid for gas the other day and even though it was posted no smoking there was a guy in line with a lit cig in front of me. I went to the grocery store and at the entrance is a couple puffing like mad trying to finish their cigs before they go in. But, Im forced to inhale their crud once again to get into the store. Most smokers do not seem to understand that its just not a case of we dont like to smell it. We are allergic to it! It inflames sinus passages causing congestion and headaches. Much exposure causing sinus infections. I cant count how many times I have been in the non-smoking section of a restaurant and here comes a smoker lit up as soon as they finsih their meal to chat someone up in non-smoking. Its ok though according to them cause they wont be long. Smoke all you want just keep it out of my face.
Posted by: baddboyy on Aug 20, 2008 at 09:41 PM
well i see we are number 2 in the country for being fat, so when are they going to start telling us what and when we can eat? losing 1 right at a time.
Posted by: jen on Aug 20, 2008 at 08:57 PM
smoking kills, cars kill, guns kill, fire kills, motorcycles kill, people kill, fat kills, should all of these things be illegal? nobody makes a nonsmoker go into a place full of smoke if they dont want to it is and should be personal choice. we are all going to die from something nobody gets out of here alive.
Posted by: SMOKER on Aug 20, 2008 at 04:34 PM
If you don't like smoke stay away from it. The businesses in Ashland is losing a lot of business because of the non-smoking law. I prefer a cigarette to liquor. If smoking is killing me, then it is my option not yours. So quit griping and stay home.
Posted by: What next on Aug 20, 2008 at 04:22 PM
Well it looks like some people still don't get it why should smokers just go outside would it not be easier for non-smokers to not come in and yes i do know people that enjoy smoking.we do not need people telling us that it will kill us maybe it will but it our choice to do it just like eating at mcdonalds will kill people they still do it. if we let the health dept stop us from smoking next they will close mcdonalds. they are already telling resturants what they can serve in california where the smoking ban was started. so it is just a matter of time,how will you feel when you go to a steak house that is not allowed to sell steak bet they wont be in business long and its the same with bars.im sure there are plenty of places that are non-smoking for the non-smokers and it should be the business owners right to set the policies that best fit his business be it smoking or not.will the health dept reimburse him lost money from this ban or have they thought about the lost tax base bet not
Posted by: to charlie on Aug 20, 2008 at 03:44 PM
Hey how bout you just dont come in. We like to relax when we smoke non-smoker in disagreement with bar going against the ban go to office max and get a stapler and put it on your lipsand clamp down.
Posted by: KRAKEE on Aug 20, 2008 at 03:38 PM
Smoking causes cancer. So. If I want cancer, then you should leave me alone and let me get it. The world is severely overpopulated. Smoking kills people. Problem solved. Now leave me alone. Fascist!
Posted by: kristin on Aug 20, 2008 at 03:35 PM
For all the non-smoker you all need to open your own little smoke-free bar and grill. Stay out of the smoking bars because if your complaining about the place we dont want you there anyway.First of all if u dont like smoke dont come to a smoking bar so just dont go to the smoking bars and shuttttttt uppppppppp quit running your cancer free chops. My grandparents died from cancer and neither of them ever touched a cigg. nor would they let people smoke around them. Cancer happens to so many people who dont smoke now tell me, what caused thier cancer?
Posted by: Hank on Aug 20, 2008 at 03:32 PM
When I light up a Virginia slim, I don't want my partner or anybody to tell me what to do. So now, the government won't let me marry or smoke!
Posted by: Debbie on Aug 20, 2008 at 03:23 PM
Diana, do you know how much second hand smoke you would have to breath for it to cause cancer? Do you? From everything I have read about second hand smoke, it would take several lifetimes of second hand smoke to cause the big C. And from what I understand, most of the studies were twisted to make those holier than thou make the claim about the whole second hand smoking. Please do some research before posting.
Posted by: Mike on Aug 20, 2008 at 02:47 PM
Maybe the county needs to give back they make from the state that goes to the sales tax on cigs. If you want to smoke light them up and if you dont whine about it. The air you breath outside is probably worse from all the power plants putting off the smog and everything else they let off. SO I SAY SMOKE IF YOU WANT AND IF NOT SHUT UP AND LEAVE THE SMOKERS ALONE CAUSE ITS THERE CHOICE TO SMOKE.
Posted by: ED on Aug 20, 2008 at 02:28 PM
I went with some friends to the BEARS" DEN in downtown Charleston and it was packed even more than when they had smoking!! So I guess the NO Smoking isn't hurting them
Posted by: CHECK IT on Aug 20, 2008 at 12:55 PM
Well if everyone would switch to the alternative Crown7 then you wouldn't have to worry about the bans anywhere or even 2nd hand smoke.
Posted by: Anonymous on Aug 20, 2008 at 12:38 PM
True Liberals would defend smokers' rights.
Posted by: Jeannie on Aug 20, 2008 at 12:32 PM
Smoking is bad for your health. Smoking is addictive. This ban was enacted to protect the health of smokers and nonsmokers. I am a former smoker of 20 years; clean for 3 years now. The government does not want bar owners to profit by allowing smoking. This is supreme hypocrisy. Our government allows cigarettes to be sold, knowing the destruction to our health. Our government allows alcohol to be sold, knowing the destruction to person's bodies and potential destruction of others' through drunk driving (harm to others - the defense given by nonsmokers). Our government profits greatly from sale of alcohol. Our government profits greatly from the sale of cigarettes. These bans are driven by our Big Brother government. Why should our government be allowed to make money off addictions but limit others' rights to do so? As I stated, I smoked for 20 years. Smoking cigarettes is a horrible addiction, but my government should not be able to make this decision for me.
Posted by: Jeannie on Aug 20, 2008 at 12:17 PM
Just shut up Dianna.
Posted by: Jerry on Aug 20, 2008 at 11:28 AM
How is it politically correct to prevent thousands of people from dying of cigarette smoke inhalation (i.e. cancer)? Saving the lives of people is not a liberal or politically correct idea.
Posted by: MrObvious on Aug 20, 2008 at 11:08 AM
As a Freedom loving individual, I have the right to do anything with my body that I choose. This includes things which may not be in my best interest. Our Government was founded on the principals of freedom. But, over time, the busybody types have weaseled in and turned our wonderfully conceived type of government into a semi-socialist type that wishes to rule like a unquestioned king. Do as I say or you will pay. This is wrong. There is no argument for these types of laws that do not pass the Freedom question. It doesn't matter how smart you think you are because you don't smoke and you don't like it so nobody can smoke. Truthfully, the ones who do that act like 5 year olds. They throw a whiny temper tantrum and tell us that they know best. I've got knews for them, they need to re-read the Constitution and the commentary that our founding fathers made. They need to respect Freedom. Of course the dumb ones will counter with, "wah, what about me? I don't like it", just like a 5 year old.
Posted by: MrObvious on Aug 20, 2008 at 10:55 AM
Y'all keep putting people in office that believe that THEY are the messiah and have a duty to push rules down our throats that we neither want nor need and this will continue. There are three simple questions I ask about a candidate that tell me everything I need to know, 1. Do they believe that I have a god given right to own and carry a firearm? 2. Do they believe that life must be protected, especially life in the womb? 3. Do they believe that they can treat us like their own piggybank? Those three questions will tell you exactly what character a candidate has. Just look at their voting record and make the decision yourself. They cannot hide from their voting record no matter how hard they try.
Posted by: Shari on Aug 20, 2008 at 10:35 AM
Way to go!!!! You need to stand up for your rights. The government sticks their noses into things that they shouldn't be concerned with. We are not a communist country yet. But we're becoming one the more that the government dictates to us where we can and cannot smoke. It's really getting ridiculous. The government tried to take the guns away from us, but the Supreme Court upheld the right to bear arms. Now we need to get them to uphold our rights to smoke. Keep up the good work, Kerry. We're rooting for you!!
Posted by: jen on Aug 20, 2008 at 10:25 AM
If the bar owner does not like the ban shut your bar down and move it to another county or open a new business....stop your complaning....just like everyone keeps telling the non-smokers if we don't like it to find another bar....if the bar oweners doesn't like the ban they can find another place to operate!!!! Thank you to the Health Dept. now I don't come home smelling like an ashtry after having a night out.
Posted by: Charlie on Aug 20, 2008 at 10:22 AM
Probably ,guessing you gals kill me.
Posted by: jon on Aug 20, 2008 at 09:53 AM
I personally think the bar owners should go to jail or be fined for breaking the law. The law is the law. If smoking is hurting their business, then find another business or close the doors. I am 44 yrs old and have never smoked a cig. However, with all this attention, I might try one to see if they are really that good.
Posted by: KimmyLou on Aug 20, 2008 at 09:34 AM
I do not drink and I do not smoke. I have been in a bar a couple of times and people who drink a lot of the time also smoke. If you do not smoke and do not want to be around it; DONT GO IN!
Posted by: Scott on Aug 20, 2008 at 09:32 AM
Sigh...this issue drives me nuts. What gives the government the right to dictate a private business' policies? If a privately-owned establishment wants to allow smoking, it should be allowed to do so. I don't care if it's a bar or an ice cream parlor! Then, the public can decide whether or not they want to patronize that business. All this is doing right now is hurting businesses in an already hurting economy.
Posted by: Charleston on Aug 20, 2008 at 09:23 AM
Just go outside for three minutes, I dont see what the big deal is. No one is taking away your right to smoke just go outside so other people dont have to be affected by it.
Posted by: Jim on Aug 20, 2008 at 09:11 AM
There is no more obstinent, surly, contrary, nor 'ornery bunch in the entire world than smokers who have had their smoking privileges taken away. Let 'em smoke. A smoker will make any excuse in the world to get a nicotine hit. If you give them the excuse of fighting for their individual rights then they will be as rabid as the Muslim extremists who are fighting for Jihad (their holy war).
Posted by: Ken on Aug 20, 2008 at 08:53 AM
Smoking kills. If you smoke, sooner or later it will kill you. If you smoke, please get help to quit. By fighting the smoking ban, the bar owners are only helping people to die young.
Posted by: brian on Aug 20, 2008 at 08:30 AM
Why don't we settle this the easy way? Leave it to a majority vote from VOTERS! I'm a former smoker & now prefer not to be in a smoke filled room but it's not my right to deny someone else their right. Shall we deny drinking in any public place? Sorry people, second hand alcohol has killed more people than second hand smoke. I am a vereran who chose to fight for this wonderful country so people would have rights. Please! Don't make my tour of duty be a foolish venture.
Posted by: Pothead on Aug 20, 2008 at 07:51 AM
How come cigarettes are the #1 killer in the world and as John McCain said 'we should export more to Iran' and we have laws against other addictive drugs but not Nicotine?Don't people realize they are hooked on a Legal Dope that kills more than Crack,heroin,pot combined!Make all the excuses you want but it's still a fact,you are a dope addict as bad or worse as the rest.
Posted by: Dave on Aug 20, 2008 at 07:46 AM
The government and liberals attempt to shove PC down everyone's throats as often as possible. It is time to throw it back in their face. Good for these local bars.
Posted by: Charlie on Aug 20, 2008 at 07:31 AM
Dianna, By your own admissions you are just guessing. The main concern here is the loss of our liberties & rights not the fact you don't like cigarette smoke or your personal opinions. Some of us don't want the gov. making laws to satisfy one small group or another. This different population you speak of are the very ones that are to ignorant to understand whats at stake here ,yes I do smoke but I am trying to quit & I hate the cigs. more everyday but I am not so naive as to believe giving up rights & liberty's Americans have fought for and enjoyed since this country was founded is for the best.
Posted by: Donna on Aug 20, 2008 at 07:19 AM
WAY TO GO! My opinion, its not the Health Dept.'s job to be My nanny. HELLO! these are BARS... the place people go to DRINK ALCOHOL. If we sit back and allow them to take away the right to smoke in a bar; the next thing that will go will be the alcohol. Jeez, I think business owners, if they decide they want to allow smoking in their business, should just put a "SMOKING ESTABLISHMENT" on their door; then those people that feel cigarette smoke will turn them into the crypt keeper can turn around and go to a NON-SMOKING establishment.
Posted by: Paul on Aug 20, 2008 at 06:55 AM
I dont smoke. I think that its really unfair to not be able to smoke in bars. When you go into a bar your going in knowing that there is a chance that there is someone going to be drinking or smoking. Whats the difference between the bars and the Milton Flea Market, My family and I was there Saturday and there was at least 25 to 30 people smoking on the inside and the vendors them selfs.
Posted by: Janie on Aug 20, 2008 at 06:19 AM
All of these bar owners are probably smokers and standing up for their "right" to smoke more than anything else. Smoking kills people. Plain and simple. If you dont have the brains or willpower to quit on your own then maybe the bans will encourage you to stop. I have never met one smoker who says they enjoy smoking. It is an addiction.
Posted by: Lee on Aug 20, 2008 at 05:56 AM
If you own a business, the owners should have the right to go or not to go smokeless. I don't smoke, so it's my decision to enter or not, there are many smokeless places to go. Laws go to far when they try to tell an owner how to run his business.
Posted by: Bartender on Aug 20, 2008 at 05:49 AM
To Dianna, People like you get on my nerves. Since "time began" smoking and booze go hand in hand. Smokers and non smokers alike know that. So..... if you don't want to smell it then stay out of the bars (where you know it is) and leave the smokers alone. I would have to help you by opening the door for you, so it wouldn't hit you in the backside on your way out.
Posted by: D-Bo Ice on Aug 20, 2008 at 05:34 AM
Hey Diana, Your safe from our smoke all the way up there on your high horse looking down on all of us cancer causing lowlifes. You need a Marlboro and a big glass of STFU.
Posted by: gene on Aug 20, 2008 at 03:58 AM
business owners should be able to make their own rules not the health dept. the owners pay taxes and employ people creating jobs. if an appliance breaks down is the health dept. going to fix it. no. get the government out of business owners hair.
Posted by: Dianna on Aug 20, 2008 at 03:54 AM
Smoking causes cancer. A cigarette is a known carcinogen. By allowing smoking, these managers are saying they have no problem with their customers (those who smoke and those who have to inhale it second-hand) getting cancer and having chronic health issues or dying young. I personally would walk out of a bar if people were smoking inside. In time, if these managers would abide by the law, they would likely see a different population come in instead of the nasty smokers. But, I'm going to guess that the managers are smokers themselves!
Posted by: MIKE on Aug 20, 2008 at 03:37 AM
Good....stand up for your right's.......anyone who invest thier money for a leagal buisness should be able to make a choice of smoking or non smoking enviroment.Those who do not wish to patronize because of second hand smoke are welcome to use their right's to go eleswhere,Many make choice's daily whether to enter where alchol is sold or gambling machine's are. Even in employment we choose were we apply to work. The choice should be up to buisness owner's and not an over reaching goverment office on a power trip.
Posted by: na on Aug 20, 2008 at 03:26 AM
yeahhhhhhhh see you at the Hawk. bout time someone stood up to the big shots and told them to mind their own biz. If they dont like smoking they dont have to come in. WTG bar owners.
Posted by: MrObvious on Aug 20, 2008 at 12:02 AM
Now now sheeple...we can't have anyone disobeying the great master. Now, do as your mighty government says and put those smokes out. Freedom? Hogwash! You get the freedoms that we say you get. Don't like it? Tough, we are unelected bureacrats that cannot be removed from office. Yep, ain't that sweet, not elected and making laws! Gotta love it. Constitution? Who cares...nobody can challenge us, we're the Health Department and you better watch out cause we're coming into your homes next! Got kids? No smoking in the house or within 100 feet. Oh, and don't smoke in the car anymore either my pretty. Heee Heee Heee, phew, the power just rushed to my head. Gotta go, need to think of more rights I can trample on... Sincerely, your Health Deparment (WE REALLY DO KNOW BEST!)
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