LINCOLN - The statewide smoking ban is not working in Lincoln. Alderman Jonie Tibbs has received an anonymous letter requesting the city enforce the smoking ban at local bars and restaurants. She told the council Tuesday that at least one bar owner has placed ash trays on tables in plain view.

"Unfortunately, this is something we can't do anything about," she said. "We have no tools available to enforce that. It's a state law, but the health department is supposed to enforce it and I have talked with the Logan County Health Department and they say they are working on it but it will take time. They have contacted the governor's office about the problem."

Tibbs suggested asking the county board to enact an ordinance, but was told that would do little good. The law went into effect Jan. 1. Smokers must be at least 15 feet outside a public place, which drives most people to a nearby sidewalk or parking lot.

"The county can't do anything to help us because they would have no jurisdiction within the city limits," city attorney William Bates said.

Health Department officials say their hands are tied because the state failed to provide administrative rules for court proceedings, he added. This also ties the hands of local law enforcement officials.

The council discussed a Bureau County case in which a judge ruled the smoking ban was not enforceable as written.

"Why pass these laws if they are not enforceable?" Mayor Beth Davis-Kavelman asked. "As a city, we have done everything we can, but I don't know of any way that we can help."

In a related matter, Alderman Wanda Rohlfs noted the appearance of cigarette butts near bars.

"You see them lying on the ground and it's just not attractive," she said. "I think we need to find a way to do something about that."