Tag Archives: Judge Cornelius Hollerich

Smoking ban unenforceable

The Smoke Free Illinois Act was so poorly drafted that courts have ruled it cannot be enforced.

The decision by Associate Judge Cornelius Hollerich, combined with the rejection of proposed regulations for the statute by the state earlier this year, appears to leave no recourse for the prosecution of smokers cited for lighting up indoors in public places. […]

Alexander’s lawyer, Peoria attorney Dan O’Day, said the ruling has immediate, far-reaching implications for the smoking ban. “This ruling, if it’s correct – and we think it is – is that there’s no way to enforce the Smoke Free Illinois Act right now,” O’Day said. “There should be no more arrests for smoking.”

Yet another example of Springfield being broken. I didn’t favor this bill (because I believe it tramples personal property rights, not because I’m pro-smoking or anything), but if a bill is going to be passed, it should be well-written and able to be enforced. This was a failure on the part of lawmakers to write good legislation, and it makes one wonder what other unenforceable or poorly-written laws have been put on the books.