Taylorville Blows Smoke at Ban

By Ali Trachta in News on Jun 30, 2008 6:00PM

Bar patrons in the rural Illinois town of Taylorville continue to light up in their local taverns, despite the smoking moratorium that took effect on January 1 of this year. In other words, ban shman.

Refusal to comply with the smoking ban draws attention to an apparent loophole in the system: enforcement. While the law imposes fines of up to $250 for both smokers and bar owners, it provides little in the way of guidelines for putting the law into practice. Enforcement is put in the hands of local authorities, and while city and suburban cops and courts are dishing out fines despite the ambiguity, officials in rural areas have been less inclined, partly due to the population's general hostility towards the law.

"We have been forced into a legal vacuum," said State's Atty. Tom Finks of Christian County, one of many Downstate counties that have not prosecuted a single violator. "Legally, the legislature has not given us the proper tools of enforcement. Our job is not to fill in the blanks."

Asked why he did not adopt Chicago-like enforcement standards, Finks said, "It's a classic difference in government philosophy between us down here and the folks up there."

Those looking at the law through more rose-colored glasses argue that justice is being served. Illinois is boasting 90 percent compliance statewide, with violations confined mostly to small-town operations.

Bar owners across the state have flexed their creative muscles in an attempt to sidestep the ban, erecting outdoor beer gardens, patios and "butt huts." However, these amenities create further gray areas considering the law states food and drink cannot be served on said outdoor areas. Some bar owners and doing it anyway.

Per the Tribune, "The state's public health agency has gotten more than 3,700 smoking complaints this year. Complaints are forwarded to counties for investigation, but state officials said they have no idea how they are handled." [Trib]

Photo by Elfleda.