EVERETT – The first battle in Snohomish County between smokers and public health officials over the state’s tough new indoor smoking ban is headed to court.
The Snohomish Health District says the Dog House Tavern at 2611 Colby Ave. in Everett is allowing patrons to smoke inside in violation of state law.
The public health agency is asking a Snohomish County Superior Court judge to prevent customers from lighting up inside the tavern. The case is scheduled for a hearing May 3.
The owner of the bar, Mark Werts, could not be reached for comment Tuesday.
The law allows fines of $100 a day for indoor smoking violations.
The court case is the first in Snohomish County to arise from the indoor smoking ban, said Pam Wessel-Estes, who oversees the public health agency’s tobacco program.
However, public health agencies in Whatcom, Thurston and Spokane counties also have sought court actions to enforce the ban, she said.
The request for court action comes after district inspectors found people smoking at the tavern on four visits, Wessel-Estes said. Inspectors made the visits in response to public complaints, she said, and found “a room full of people smoking.”
On March 17, Health District director Dr. M. Ward Hinds sent a letter to the Dog House Tavern ordering it to stop allowing patrons to smoke indoors. Hinds’ order is the final warning before legal action is taken.
Although John Troia, owner of the White Elephant Bar &Grill in Everett, opposed the state smoking ban, he said he doesn’t support bars that allow patrons to smoke.
“I think it’s dumb on the bar’s part for doing that,” he said. “They’re causing problems for everybody.”
Troia said he is talking to an attorney about a possible court challenge of the indoor smoking ban.
“We’re looking into it, but it takes money,” Troia said.
Revenues at the bar have dropped by about $80,000 since the smoking ban went into effect in December, he said.
“We abide by the rules,” he said. “It’s killing us, but we have to do it anyway.”
In November, voters approved an initiative that banned indoor smoking in all Washington businesses.
The law, which went into effect in December, also prohibited smoking within 25 feet of building entrances, exits, windows and ventilation intakes.
The law allows a business to apply for an exemption to the ban on smoking within 25 feet of doorways, windows and ventilation systems if the business can show “clear and convincing evidence” that smoke will not reach the building’s interior.
The Snohomish Health District has approved a policy for businesses to make such appeals, but no businesses have, said Suzanne Pate, a spokeswoman for the public health agency.
Although the law applies to all businesses to which the public has access, most objections to the new law have come from bars and taverns.
The health district sent out information packets to nearly 15,000 area businesses telling them about the change in the law prohibiting indoor smoking, Wessel-Estes said.
Reporter Sharon Salyer: 425-339-3486 or salyer@heraldnet.com.
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