Put ‘em out

The Cabell County Health Department's ban on smoking in bars went into effect Thursday after  Circuit Court Judge Jane Hustead ruled to lift the injunction filed February 26 by local bar owners.

"I am sorry, I am so sorry," Hustead said.  "Those of you who are my friends and are in the community and know me know that I would not do this if I had any other choice, but I am bound by the law, and I must apply that law regardless of my friendships or my feelings any other way."

Even though Hustead was sympathetic for the bar owners who argued that they could not maintain business if the ban goes into effect, she said she has to look at the overall well-being of the community because that is what she was elected to do.

At last week's hearing when the injunction was filed, Hustead continued the injunction hearing. She said she wanted to give the councils time to prepare their arguments.

Neil Bouchillon and Amy Crossan represented the bar owners and filed the injunction February 26. They called four witnesses, all bar owners in Cabell County, to plead for the ban to be stopped because they would go out of business if not.

Gary Stanley, local bar owner, has headed the group in fighting the ban. Stanley said that 90 percent of his bar patrons are smokers. He also said they have told him they will go to Wayne County, Putnam County or Ohio to smoke in bars when the ban goes into effect.

"People should have a right to decide what they want to do," Stanley said. "I think you should let people know that there will be smoking in the bar and they can make up their mind whether they want to go in or not. I think people should have that right."

Cricket Hudson, local bar owner, also testified against the ban. She is a non-smoker who has been in the bar business for more than 50 years.

"I would say 94 percent of my guests are smokers," Hudson said. "I know just about everyone who comes in and they all light up."

Hudson said she will not get much business with the ban in effect because her bar guests will go to Wayne County, where they can smoke. Her bar is only one mile from the Wayne County line.

John Hoblitzell, the prosecuting attorney from Charleston, W.Va., argued that there has not been a significant change in the states lottery revenues since the county smoking bans started going into effect.  Hoblizell said that approximately 27 states across the nation and 17 other counties in West Virginia have enforced the Clean Indoor Air Act.

Harry Tweel, executive director of the Cabell-Huntington Health Department, testified on behalf of the board's decision. Tweel was an expert witness and explained the harms of second-hand smoke. He said Huntington was recently given the title of the smokiest city as well as the fattest.

Because the plaintiffs failed to show that bars will economically fail and j based their testimony on what they heard, Hustead could not rule in their favor.

"I cannot take the chance when it is balanced against the possible loss of a life and therefore I am vacating the temporary injunction," Hustead said.

Crossan said this ruling removes the temporary injunction and the final ruling will not be for another 12 to 16 months.

"I think the judge was on all fours with the law," Hoblitzell said.  "The time has come to do this."

Tess Moore can be contacted at moore231@marshall.edu.