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Officials Hear Few Reports of Violations From Illinois Smoking Ban

January 4, 2008
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By Terry Hillig, St. Louis Post-Dispatch

Jan. 4–Three days into Illinois’ new statewide smoking ban, Metro East officials Thursday remained a bit hazy about how the law would be enforced.

But apparently there wasn’t much enforcement to be done. Complaints were about as rare as ashtrays in restaurants and bars, which are included under the new law.

The new Smoke Free Illinois Act prohibits smoking inside or within 15 feet of most public buildings, including bars and restaurants. It took effect on New Year’s Day.

The Madison County Health Department received its first complaint on Thursday. Mike Hungerford, the department’s environmental health services manager, said someone complained of people smoking at an establishment that Hungerford would not identify. He said it wasn’t clear if the management was aware of the alleged violation.

“We don’t know if it’s true or false,” Hungerford said. “We’ll write a letter to the management and, hopefully, we won’t hear anything else about that building. We’re going to stick with education as far as it will go.”

In St. Clair County, meanwhile, no complaints have been received, said Barb Hohlt, director of health protection for the St. Clair County Health Department.

Rules that will help guide enforcement are not final. A legislative body called the Joint Committee on Administrative Rules is expected to consider rules proposed by the Illinois Department of Public Health at a meeting on Wednesday.

The Madison County complaint was referred to county health officials by the Illinois Department of Public Health, which is accepting complaints by phone at 866-973-4646 and online at www.smokefreeillinois.org.

As of 3:30 p.m. Thursday, the department had received 52 complaints statewide, department spokeswoman Melaney Arnold said.

Individuals can be fined $100 to $250 for violating provisions of the law, and business proprietors face fines from $250 to $2,500. The law makes the Department of Public Health, local public health departments and local law enforcement agencies responsible for enforcement.

Madison County Sheriff Robert Hertz said his department had not received any complaint as of Thursday afternoon.

“I guess voluntary compliance is working,” he said.

Until there is further guidance from the state or the courts, Hertz said, the Sheriff’s Department will not become “the smoke police.” He said anyone with a complaint would be advised of the state’s telephone complaint line and website.

Capt. Don Sax of the Belleville Police Department said its officers had been directed to issue only warnings for suspected violations during the first two weeks of the ban but would write citations for subsequent offenses.

Turida Winnett, manager of the Town Lounge in O’Fallon, said customers there were following the new law, although many disagreed with it. She said some had stepped out for a smoke on the parking lot but that cold temperature was discouraging many from that.

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Copyright (c) 2008, St. Louis Post-Dispatch

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