Some Wisconsin Smokers Defying Smoking Ban

In Burnett County, Wisconsin, there's a battle of the butts going on--cigarette butts, that is. It seems some locals say the state smoking ban isn't being fairly enforced. Two distinct battlegrounds have taken shape--and the county sheriff is caught in the middle.

Acting on a tip, 5 Eyewitness News checked out a bar called Midtown Tavern in the tiny town of Siren, Wisconsin. At noon on a weekday, outside cars were lining up; inside, the patrons were lighting up.

The owner tells newcomers: “I hope you guys don't mind smoking. I do allow smoking in the bar.”
KSTP’s undercover cameras watched the bar fill with more customers, more cigarettes, and more smoke for more than half an hour before a reporter asked those in the bar if they were at all concerned about breaking the law.

The owner of the bar said that since the smoking ban took effect in July 2010 law enforcers have fined him twice -- both times because someone complained. He paid hundreds of dollars, but he continues to allow the smoking, he says, because enforcing the ban hurt his business by as much as 20 percent.

According to customer Rick Dahlstrom, “He (the owner) loses customers. It's just a fact. People will go to a bar where they can smoke because most drinkers are smokers.”

Midtown regular Gary Haaf was insistent the smoking will not stop at Midtown. “We done it all our life and that's the way it's gonna be,” he said.

Down the road at another tavern, Kris’ Pheasant Inn, manager Tony Schultz said, “The law is the law.”  His bar is one that does adhere to the ban. “I don't see why some get away with it and some don't.” He says law enforcers in Burnett County are failing to do their job. “I think they need to make the random checks. Why have a law if you can't enforce it?”

According to Sheriff Dean Roland, he's issued 10 fines in the last year and a half for smoking ban violations. He says his 11 deputies are often too busy with more pressing concerns, serving 17-thousand residents across 820 square miles, to consistently monitor cigarette smoke.

“We will deal with it when it comes to our attention but I’m not going to go and look for it--we don't have the manpower to do that,” he said.

Nearly everyone involved in the great Siren smoking debate believes the fines simply aren't a big enough deterrent. They say if bars were at risk of losing their liquor licenses for violating the ban, Burnett County might see a brand new level of compliance.

So that means despite the complaints, and the fines, and the brazen lawlessness (when it comes to the ban, that is) at bars like Midtown Tavern, the haze of smoke will most likely linger. As Gary Haaf explained, he’ll stop smoking “when they bury me.”

Mark Saxenmeyer can be reached at msaxenmeyer@kstp.com
 

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