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Liquor trade group challenges smoking ban
By Associated Press
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SPRINGFIELD -- A trade group that represents liquor retailers is mounting a legal challenge to Springfield's new indoor smoking ban for public places.

The Illinois Licensed Beverage Association filed a lawsuit Wednesday in Sangamon County Circuit Court, seeking an injunction to prevent the ban from taking effect Sept. 17 in all indoor workplaces.

The association has also asked the court to nullify the sections of Springfield's Clean Indoor Air Ordinance that apply to bowling alleys and taverns, saying state law does not give the city the authority to include such establishments in its definition of "public places."

"We have been thinking about this for quite a while," said association executive director Steve Riedl.

The lawsuit contends that enforcement of the ordinance approved in January would cause "irreparable harm" to liquor-selling businesses in the form of lost patron revenue and goodwill.

But Springfield Alderman Bruce Strom, who sponsored the ordinance, dismissed the lawsuit as "frivolous."

"I think everybody who is knowledgeable with the state statute, including the governor and legislative leaders, believe the law does what everyone thinks it is intended to do, and that is to permit cities to regulate smoking in all places of employment," Strom said.

The only exemptions are for retail tobacco stores, nursing home rooms where all residents agree to have smoking, stage productions, hotel rooms, private vehicles and private homes not used for day care or as health facilities.

Under the Illinois Clean Indoor Air Act of 1990, only the 21 home-rule governments that had anti-smoking laws before October 1989 had the right to place greater restrictions on smoking than the state provided. The state requires only that public places have designated smoking and non-smoking areas.

Last summer, Gov. Rod Blagojevich signed a bill granting Springfield and all other home-rule communities the rights the 21 municipalities already had, including the right to ban smoking in bars and bowling alleys.

That bill's sponsor, Sen. John Cullerton, D-Chicago, said that while the original Illinois Clean Indoor Air Act excluded bowling alleys and bars from its definition of public places, that does not mean cities cannot regulate smoking within them.

This week, Blagojevich signed a bill that also gives counties the authority to ban smoking in unincorporated areas. Springfield Mayor Tim Davlin sought that legislation on behalf of city businesses concerned about losing customers to bars outside the city limits that allow smoking.

Sangamon County officials are expected to consider a possible smoking ban later in the summer.

But Riedl said that if the county proceeds with an anti-smoking ordinance similar to the city's, the association might challenge it as well.

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Reader comments on this story - 21 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

smiley wrote on Feb 6, 2007 6:20 PM:

" You can kill yourself smoking but please dont kill my friends and family with the second hand smoke. It is wonderful going out to eat and not coming home smelling like smoke. "

oikuiio wrote on Jan 9, 2007 11:36 AM:

" smoking sucks "

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BBishere2 wrote on Jul 5, 2006 5:21 PM:

" It may kill you to smoke, but if it's helping to put money in the pockets of our members, we'll defend your right to smoke until each and every one of your are dead and we've made all of the money out of it we can! Somewhere out there in this world is a land where common sense takes precedent over making a buck - "

Anonymus wrote on Jun 30, 2006 7:23 AM:

" Is there anybody else aside from me that is sick and tired of the Politically Correct and their NonSense? I really wish they would get some business of their own and stop mind the business of others..There are worse things they could go after... "

Anonymus wrote on Jun 30, 2006 7:19 AM:

" These people would Bann God from Smoking on Mount Sinai! I STILL SMOKE BECAUSE : 1.) I am absolutely sick and tired of the Politically Correct NONSENSE and people in other People's Private Business too Much..I am siock and tired of the food police. If they took unnecessary additives out of the food, people wouldn't be overweight either...Do some research rather than going along with the drug industry and get off our backs! 2)The news Media soft soaps Child Molesters, nambla.org, belittle women, bar women from wearing makeup and pantsuits. Legitmizes getting rid of Voting Rights and the EEOC...They take down any element of religious beliefs and violating all of our Constitutional Rights as lawful Americans..by the way there is something terribly wrong with people who don't like holidays or recieving gifts.. You also have the Right under the American Constitution not to practice any religion...what's Next? 3.) If we didn't smoke to take away some of the anxiety, some of us would probably be choking some of these nosy people to death..they should be thankful that some of does smoke! "

Ok, Ok wrote on Jun 29, 2006 6:45 PM:

" I guess I'll have to quit smoking and take up drinking, just so I can drive and talk on my cell and if YOUR lucky I'll cross the center line, kill your family, go to prison and your tax dollars can support me for as long as I'm there. Or would you rather I JUSt SMOKE and stay in my own lane so your family can live??I think not! I don't even drink, but I certainly would take the lesser of the two evils. Another family will live today. "

make all choices for all people wrote on Jun 29, 2006 1:03 PM:

" I think it is good that our government make our choices for us we are all idioys with no reason to believe we can make informed choices and we should toil and pay taxes and never vote any of our great leaders who know whats best for us off of city councils or out of state houses or government positions because they and the insurance companies know what is good for us except our place as the poor fools who just pay the bills god bless america. Freedom ??? "

to get a life wrote on Jun 29, 2006 12:30 PM:

" well i'm sure glad your prissy little self doe'nt have to shower because of the icky poo smoke anymore. "

American wrote on Jun 29, 2006 11:16 AM:

" To: Unbelievable, if and when I see an 18 wheeler or a city bus in a restaraunt I will not go in. I see this as if smokers would have been considerate and thought about other people this might not have happened but as To Get A Life has stated what alot of smokers feel, they don't care about other people.You do not have the right to stink up my clothing and hair unless you are willing to pay for my laundry,dry cleaning and shampoo. I bathe every day sometimes more than once but you, smoker, have taken my right not to stink away.As far as cell phones, i agree ban them when driving and as far as fast food, yep, ban that too. "

so its a free country wrote on Jun 29, 2006 9:32 AM:

" hoopie: lawyers don"t get prosicuted gays are praised cops get a free pass and you the pubic really wanded all this. IT TTHE SAYING SAYS, BECAREFUL WHAT YOU WISH FOR BECAUSE YOU JUST MIGHT GET IT "

Stupid wrote on Jun 29, 2006 9:28 AM:

" Once again, why are Ban Supporters touting this as a health issue? You are fighting against something you say is unhealthy in order to go into and BAR AND DRINK something which is at least as unhealthy. If you have someone who smokes everyday for 20 years and someone who drinks everyday for 20 years who do you think would be inworse shape? I'll guarantee you there would be a heck of a lot more smokers around because most of the drnkers would be dead!!! And you are not even smoking you are just sitting next to a smoker!!!! What a load of cr@#!!! "

Unbeliveable wrote on Jun 29, 2006 9:13 AM:

" Doesn't 'Get a Life' realize that the 'God given clean air' right was revoked when the automobile and factories were invented? Try riding, sitting or standing behind a 18 wheeler or a public transportation bus for any length of time or living in a neighborhood where there is a factory. Cigarette smoke is the least of the air pollution. When does 'the time come' for these air pollutions? "

To Get a Life wrote on Jun 29, 2006 9:01 AM:

" Unfortunately, I think you'll still have to endure other people's nasty habits. Maybe the government can step in and also ban the following from public places: loud talking to person right next to you, loud talking on cellphones, playing with the ring tones and volume of your cellphone, crying babies, dogs barking, chewing with your mouth open, loud music, loud tvs, and hot plates. As long as it makes me happy, I don't care about other people's rights. I absolutely love having the government protect us by telling us how to live our lives. (sarcasm intended) "

Our Government Watchdog wrote on Jun 29, 2006 8:49 AM:

" Even Hitler had to start from somewhere "

Get a life wrote on Jun 29, 2006 8:41 AM:

" I am glad they banned smoking from bars and food establishments ! It's about time. Finally people can enjoy themselves without having to endure other peoples nasty habits. Now I don't have to go home and take a shower and wash my clothes so I don't stink like smoke. Just because people THINK they have the right to smoke doesn't give them the right to ruin my clean air which god has given me to breathe. GET OVER IT PEOPLE your time has come. "

Donald Story wrote on Jun 29, 2006 8:20 AM:

" Smoking or nonsmoking should be left to the business owner. The government should stay out of our private lives. "

Sign me up wrote on Jun 29, 2006 8:09 AM:

" where can I make a donation to this trade group! If the government didn't make these "frivolous" laws we wouldn't need these trade groups. "

non-smoker wrote on Jun 29, 2006 7:53 AM:

" Yes, businesses may lose some customers that want to smoke, but they will probably gain other customers. I am much more likely to want to go bowling if I know the bowling alley will be smokefree, or to want to go into a smokefree restaurant. "

Leland wrote on Jun 29, 2006 7:28 AM:

" Stage productions??????????? are exempt from the smoking ban? What kind of sense does that make? "

DT wrote on Jun 29, 2006 7:26 AM:

" Springfield bans smoking for everyone's health and then wants it banned everywhere else so that Springfield won't lose tax revenue when its smokers go elsewhere. Our legislature passes it, Chicago's governor signs it, and now our county board will consider it. What a wonderful thing government has become. "
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