Tag Archives: smoking ban

Smoking prohibited

This week’s Word on the Street column reports that the City and County have been doing smoking ban stings lately: “The county performed 203 compliance checks and wrote 45 tickets. The city performed 123 checks and wrote eight tickets.” And, “The effort was funded by a [$15,000] grant the Peoria City/County Health Department received from the state Department of Public Health.”

Meanwhile, there’s a new documentary miniseries premiering in October on PBS about Prohibition. Promotional material for the new film by Ken Burns describes the Prohibition era: “The culmination of nearly a century of activism, Prohibition was intended to improve, even to ennoble, the lives of all Americans, to protect individuals, families, and society at large from the devastating effects of alcohol abuse…. Prohibition turned law-abiding citizens into criminals, made a mockery of the justice system … permitted government officials to bend and sometimes even break the law, and fostered cynicism and hypocrisy that corroded the social contract all across the country…. The film raises vital questions that are as relevant today as they were 100 years ago – about means and ends, individual rights and responsibilities, the proper role of government and finally, who is — and who is not — a real American.”

File the modern, popular smoking bans under the heading, “History Repeating Itself.”

Police are busy finding criminals in Peoria

No, not the criminals that are shooting at buses or committing armed robbery. The police are busy finding the real, hardened criminals in Peoria: Smokers.

Yes, when I survey the crime being committed in Peoria, I would have to put “smoking in bars” at the top of my list. How can city residents have any peace of mind knowing that some Joe down at Duffys Tap is puffing on a cigarette? I mean, really!

Fortunately for our fair city, the police are on it:

SMOKING VIOLATIONS. The Police Department has completed an unannounced inspection of bars in Peoria for potential smoking violations. The inspections took place over 4 separate occasions, for a total of 90 man hours. A complete list of establishments that were inspected is attached. A total of 8 citations were issued at 3 different locations, as follows:

  1. Cheers and Beers (4201 SW Adams), 2 citations for smokers, 1 citation to the bar for allowing smoking
  2. Duffys Tap (1900 W. Antoinette), 1 citation for a smoker, 1 citation to the bar for allowing smoking
  3. Behmer’s Dugout (2422 N. Knoxville), 2 citations for smokers, 1 citation to the bar for allowing smoking

Prior to the officers departure from each location, officers identified themselves to staff and informed them of their purpose and the outcome of the visit. This operation was possible due to Sheriff McCoy’s $5,000 sharing of a grant which he had been awarded for this purpose.

(Source: Issues Update 7/22/2011.) That’s right — 90 man hours and $5,000 in tax money (don’t let the “grant” language fool you — that just means it’s coming out of your left pocket instead of your right pocket). I’m glad we’re spending our time and money on ferreting out these scofflaws. Don’t you feel safer?

On second thought, maybe we do have too many police officers

It wasn’t that long ago that the police were needing lots of overtime and help from the state police to handle violent hot spots in the City. But now it looks like they’ve got nothing better to do than conduct sting operations on people smoking in bars.

The Journal Star article says that “smoking violations [are] administrative in nature and not criminal,” and are adjudicated through “a complicated, quasi-judicial administrative system set up through the Illinois Department of Public Health.” So my question is, why are the police involved in the process at all? Why isn’t the health department sending inspectors into these bars like they do for restaurant inspections?

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.