Smoking ban violators should be cited by police, health board says

[The Straight Story]

Smoking ban violators should be cited by police, health board says

CHARLESTON, W.Va. - Kanawha-Charleston Health Department leaders say law enforcement officers should be allowed to issue citations to bar and gambling owners - and their customers - who flagrantly violate the county's six-month-old expanded smoking ban.

On Thursday night, health board members said they're frustrated that some bars continue to allow smoking.

Health officials plan to talk to the Charleston Police Department and the Kanawha County Sheriff's Department in the coming months to see whether the agencies would authorize officers to issue citations on the spot to bar owners and patrons who violate the smoking regulations.

"If a police officer goes into a bar and sees someone smoking, why shouldn't they be able to issue a citation?" said Steven Weber, a health board member. "This is a law like speeding and overtime parking. It shouldn't be solely up to our sanitarians to enforce this."

Health Department inspectors don't have the authority to issue citations on the spot. The health agency must file complaints against bar and gambling parlor owners in Kanawha County Magistrate Court - a time-consuming process.

http://wvgazette.com/News/200901150866

[dmallind]

Of course they should.

Laws against safe food handling, pest control, toilet facilities and other health-related constraints on businesses operating as public accommodations are enforceable. Why is this one different?

[The Straight Story]

3. question is WHO enforces it and how

do cops cite food joints for health violations?

[dmallind]

7. Not too worries who personally as long as it happens. Either would be fine., NT

k;kl

[onehandle]

1. The law's the law.

Lock 'em up.

[L0oniX]

2. Finally ...a good use for Guantanamo

[Marrah_G]

4. Yeah we need more citations- make more things "crimes"

:eyes:

[NeedleCast]

5. Police pretty much everywhere don't seem interested

in enforcing these smoking bans. I'm sure there are exceptions to that, but the majority don't seem to care much.

Good.

[dmallind]

6. Which of course forces sensible patrons to consider legal action

I'm no fan of sue happy society but if a law for which I campaigned and lobbied and which protects the health of us all, and could save the life of tens of thousands a year (CDC numbers not mine) was ignored and not enbforced I would sue thr establishment taht broke the law, the health authroity that refused to enforce it, and the cops that did not at least alert the location to their illegal behavior.

Fortunately in all three jurisdictions where I have lived and these laws have been enacted, there has been no need to do this.