Elkhart Police find smoking ordinance tough to enforce
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Updated: 11:54 PM Mar 19, 2010
Elkhart Police find smoking ordinance tough to enforce
Elkhart, IN
Police in Elkhart found out Thursday night many businesses and customers are taking matters into their own hands, regardless of the smoking ban.
Posted: 11:53 PM Mar 19, 2010
Reporter: Erin Logan
Email Address: erin.logan@wndu.com
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Police in Elkhart found out Thursday night many businesses and customers are taking matters into their own hands, regardless of the smoking ban.

Police visited 27 bars and restaurants and issued 19 citations.

Both people and businesses were cited, but the word on the streets is when those citations are issued, people are simply shrugging their shoulders.

If you light up inside or less than 50 feet away from an entrance of an Elkhart restaurant or bar, you're in violation of the Clean Air Ordinance.

Mick Slater says, “To me, as I said, this is a farcical law.”

One of six businesses cited Thursday night was Hunters Place, where the topic of conversation was another local bar owner who's already been to court.

Slater says, “The judge allegedly looked at the charges and said this is unenforceable and threw it out. If the judge threw this case out it could set a precedent where by other cases can be dismissed. So, that's taxpayer dollars at work.”

Ron Diller, the owner of Barney’s, had no problem admitting he was the man in court this week.

Diller says, “I had three citations. All but three were thrown out, and that one, according to how the citation was written, you have to be cited, you have to be convicted. So, it turned out I ended up with a verbal warning.”

Police tell us the ordinance is worded strange, making it difficult to enforce. As Diller said, the first three times, you're essentially let off the hook and get a verbal warning. In any case, court fees could apply.

Another spot visited Thursday was the Chubby Trout where owners say they have no worries.

Ryan Snyder says, “Chubby Trout went non-smoking one year prior to the smoking ban and it's been a positive effect here. Business is good and if someone wants to smoke, most of our customers have no problem going outside.”



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