Judge finds pool hall owner
guilty of misdemeanor
Thursday, December
22, 2005
Enforcement of the city's smoking
ordinance passed its first test Wednesday when a municipal judge
found a pool hall owner guilty of a misdemeanor and fined him for
having ashtrays in his establishment.
Nick Alexander, the owner of two
Clicks Billiards locations in Austin, will pay $100 for each of the
five ashtray citations, plus court costs, bringing the total fine to
$755, his lawyer said. The judge could have fined Alexander as much
as $500 per citation.
The case was narrow in its
particulars, but the result could suggest that courts will be
sympathetic to the city in any other case that comes before them. At
least two other establishments — another pool hall and a North
Austin bar — will face trials soon.
The Austin ban, approved in May,
prohibits smoking in most public places, including most of the
city's bars and restaurants. It allowed restricted smoking permits
for eight establishments that had permits for a specially filtrated
room by November 2004.
Alexander's lawyers admitted the
presence of the ashtrays but argued that he did not violate the law
because he had obtained the restricted smoking permit before Sept.
1, when the smoking ban began.
City lawyers argued that Alexander
was a "Johnny-come-lately" who had tried to "buy his
way into compliance" by building the room and obtaining the
permit only last summer: too late to receive a long-term exemption.
The verdict "really shouldn't
change anything," Alexander said. He said he would appeal the
case in Travis County court. He said his business is taking
"reasonable steps" to comply with the ordinance: It has
removed ashtrays, posted "no smoking" signs and told
patrons that they would be violating the ordinance if they light up.
"Necessary steps would mean
shooting someone," Alexander said.
City lawyers hoped the verdict would
push bar owners who resist the ordinance into compliance.
"It's a victory for the smoking
ordinance," said Lynn Carter, an assistant city attorney.
"It's a losing battle to test the ordinance.
"These establishments are
figuring out any way they possibly can to fight the ordinance,"
said Carter, who added that city officials have made it clear how to
comply "just like they do underage drinking or someone who
drinks too much."
By Asher
Price
AMERICAN-STATESMAN STAFF
asherprice@statesman.com; 445-3643
http://www.statesman.com/news/content/news/stories/local/12/22smoking.html
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