A Kanawha County judge has upheld the conviction of a Charleston bar owner who previously was found guilty of violating the county's expanded smoking ban.
CHARLESTON, W.Va. -- A Kanawha County judge has upheld the conviction of a Charleston bar owner who previously was found guilty of violating the county's expanded smoking ban.
Circuit Judge Charles E. King ruled that Blackhawk Saloon owner Kerry "Paco" Ellison broke the law when he distributed ashtrays and allowed patrons to light up in his bar last year.
King also dismissed Ellison's claim that the Kanawha-Charleston Health Department discriminated against his bar by punishing his business while refusing to investigate violations at competing establishments.
Ellison said Monday he would appeal King's decision.
"I don't blame him, but I don't believe any politician can rule fairly on a hot potato like this," Ellison said. "I need to be judged by someone of rational thought, not by someone with political views."
Ellison said he would ask the state Supreme Court for a jury trial.
He requested a jury trial during previous magistrate and circuit court hearings, but he was told he wasn't entitled to a jury because he faced no jail time for the smoking ban violations.
In February, a magistrate fined Ellison $200 for violating the county's indoor air regulations. The guilty verdict stemmed from infractions in October 2008.
Last week, the Health Department sent a copy of King's order to state Alcohol Beverage Control Commissioner Dallas Staples. The Health Department wants the commission to revoke Ellison's liquor license.
"I encourage you to make a strong statement by your determination for this license," Anita Ray, the department's environmental health director, wrote to Staples.
Health officials noted that Ellison "continues to publicly advocate the violation of the county's Clean Indoor Air Regulation and even organized a 'smoker's night' on Aug. 19."
CHARLESTON, W.Va. -- A Kanawha County judge has upheld the conviction of a Charleston bar owner who previously was found guilty of violating the county's expanded smoking ban.
Circuit Judge Charles E. King ruled that Blackhawk Saloon owner Kerry "Paco" Ellison broke the law when he distributed ashtrays and allowed patrons to light up in his bar last year.
King also dismissed Ellison's claim that the Kanawha-Charleston Health Department discriminated against his bar by punishing his business while refusing to investigate violations at competing establishments.
Ellison said Monday he would appeal King's decision.
"I don't blame him, but I don't believe any politician can rule fairly on a hot potato like this," Ellison said. "I need to be judged by someone of rational thought, not by someone with political views."
Ellison said he would ask the state Supreme Court for a jury trial.
He requested a jury trial during previous magistrate and circuit court hearings, but he was told he wasn't entitled to a jury because he faced no jail time for the smoking ban violations.
In February, a magistrate fined Ellison $200 for violating the county's indoor air regulations. The guilty verdict stemmed from infractions in October 2008.
Last week, the Health Department sent a copy of King's order to state Alcohol Beverage Control Commissioner Dallas Staples. The Health Department wants the commission to revoke Ellison's liquor license.
"I encourage you to make a strong statement by your determination for this license," Anita Ray, the department's environmental health director, wrote to Staples.
Health officials noted that Ellison "continues to publicly advocate the violation of the county's Clean Indoor Air Regulation and even organized a 'smoker's night' on Aug. 19."
ABCA officials have said they would not revoke Ellison's liquor license unless the department first pulled the Blackhawk's health permit.
Dr. Rahul Gupta, the health department's director, declined to comment on King's ruling Monday night. The department has filed four additional complaints against Ellison in Kanawha County Magistrate Court.
Ellison has thumbed his nose at the county's indoor smoking ban since it was expanded to include bars and gambling parlors in July 2008.
He said Monday that King's order - filed on Sept. 10 and released by the Health Department Monday afternoon -- wouldn't make him change his ways.
"I don't allow them to smoke. I just don't stop them," said Ellison, who was Kanawha County's first bar owner convicted of violating the smoking regulations. "It's not my job to stop them. If they don't stop, there's nothing I can do."
The Health Department's regulations stipulate that bar and gambling parlor owners must act to prohibit smoking.
Ellison, who didn't hire a lawyer and represented himself during the magistrate and circuit court hearings, said he would write and file his own appeal.
"I don't need a lawyer. I have the Internet," Ellison said. "I can look up anything. You just take that little mouse and point and click."
Reach Eric Eyre at erice...@wvgazette.com or 304-348-4869.
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Well GEEEEZZE, since that ban worked so well why doesn’t Kanawha County implement a “smoking ban” and forget about the Health Board trying to enforce an unconstitutional law.
If you actually read the court decision regarding the constitutionality of the health board's right to regulate smoking, you'll find they are well within the guidelines of what they were set up to do.
Now saying that, I do believe the legislature should address this issue state wide and any establishment that brings in more then 75% of their revenue from alcohol products should be allowed to provide a smoking environment if they so choose.
Either that or ban tobacco completely.