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Bilbo's Bar, health district smoking fight heats up

Officials want tavern owners held in contempt for violating judge's order

Bilbo's Bar and Grill says it's done everything it can to comply with a court order that would discourage people from smoking inside the tavern. It removed its signature glass ashtrays and matches from its restaurant, as directed in June by District Judge Valerie Adair.

But people still smoke there. And the Southern Nevada Health District is still going after the owners, saying the business is in contempt of court.

The clash has also brought into the fray a company official who on July 13 lit up a cigar right in front of health inspectors who were inside the West Charleston Boulevard business to determine whether it was complying with Adair's ruling.

Court documents imply that Robert Peccole Jr., treasurer of Bent Barrel, which own's the tavern, may have felt Bilbo's was being singled out.


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  • He "demanded to see a list of other establishments being surveyed, threatened to follow the health district representative to their next destination and stated his desire to be the first person sued civilly for smoking" in a restaurant, the health district said in a motion seeking contempt charges that will be heard next month.

    Though other smokers were in Bilbo's with Peccole during the inspection, the health district only mentions him in its court filings.

    "He is an officer of a corporation that is subject to a restraining order that his corporation has been told to do something or not to do something,'' health district attorney Stephen Minagil said. "They are openly flaunting and defying the court's order. Our follow-up action is against the corporation.''

    The agency's motion, filed Aug. 3, asks a judge to order Bilbo's employees and representatives to restrain from smoking tobacco in areas of the restaurant where smoking is prohibited and to be "affirmatively ordered to verbally advise" restaurant patrons that they cannot smoke in the business.

    The health district is seeking a $100 civil penalty against Peccole, whose father is an attorney for the tavern, and $200 against Bilbo's for failing to remove ashtrays.

    The elder Peccole said the business is violating neither the law nor the terms of Adair's order. This is just an attempt on part of the health district to harass Bilbo's, he said.

    Adair, he said, "was very specific in her order that we were to remove ashtrays and matches, and we did that in all Bilbo's restaurants. It is the health district that is actually violating her oral direction. She said our bartenders were not to be police officers, but that's what the health district wants us to do.''

    Passed by voters in November, Question 5 prohibits smoking in nearly all public places in Nevada, including grocery stores, restaurants and bars that serve food. Businesses can be fined if they fail to post "No Smoking" signs or fail to remove ashtrays and other smoking paraphernalia.

    The law does not require employees to "verbally" tell customers they can't smoke in a restaurant, the elder Peccole said.

    In addition to Bilbo's, the health district has filed its second lawsuit against a local eatery for violating the smoking ban, but that case likely won't see the inside of a courtroom, health officials said.

    The case was filed against Irene's Lounge, at 5480 W. Spring Mountain Road. Minagil said the two sides have been working with each other to resolve compliance issues.

    According to court records, documents were filed June 8 against Eminence Enterprises, operators of Irene's Lounge. Just as it did with Bilbo's, the health district sought a preliminary injunction against Irene's to keep it from violating the act.

    A letter was sent to Eminence Enterprises in early May suggesting that the business post 'No Smoking' signs and remove all ashtrays and smoking paraphernalia.

    Health district officials later met with Irene's owners to discuss the violations.

    "I thought we had come to an understanding,'' Minagil said about that meeting. "But we later saw some activity (at Irene's) that was counter to our understanding. The health district then filed the complaint against Irene's.

    Irene's owners then alerted the health district that it had constructed a wall separating the nonsmoking dining area from the smoking area.

    "When they did that and we saw the wall up, we assumed we would be able to resolve the lawsuit,'' Minagil said. "Then, before I could commit to dismissing the lawsuit, we sent inspectors back out.''

    What inspectors found were employees taking food orders and bringing food to bar patrons, a violation. Minagil said even if a business has a wall separating the bar from the dining area, employees cannot serve food to bar customers.

    If customers are hungry, they can get up from the bar, go to the restaurant area, order food and bring it back themselves to the bar.

    Last week the health district met again with Irene's owners and its lawyers.

    "Once again we have come to a meeting of the minds with Irene's,'' Minagil said. "Hopefully this will resolve the lawsuit.''



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    Bob wrote on August 16, 2007 11:18 AM: Where's the logic in letting business owners determine whether the chemical make-up of cigarette smoke and the levels of cancer-causing carcinogens are acceptable for their customers? I suppose they will also be able to decide everything and anything else. They'll be no laws or regulations. We'll also let business owners decide who is too drunk to drive. We'll let them determine the proper temperature to store and cook foods. It makes no sense. It will be the wild-wild west again and the biggest bullies will rule the land. The days of the bully smokers are almost over. That's one of the many benefits of living in a civilized society.

    This law was not the work of the gov't, it was the voice of "we the people". If you don't like the laws of the land, move or change them legally. You can't pick and choose the laws you want to abide by without consequence.

    I'm amazed why these so-called "freedom fighters" don't argue the right to drive drunk, or to shoot guns anywhere they want, or to ignore all traffic laws and other drug laws? I'm sorry to say, the answer to those questions is that it's the nature of a nicotine addict. Not a whole lot really matters to any drug addict other than their drugs. If a smoker really has the desire to fight for peoples rights, wouldn't it be more logical to be on the other side fighting for the rights of innocent people who are being hurt and killed by the selfish act of another?

    If you think the bar owners care about your rights by breaking the law, and allowing you to break the law, you're an idiot. They just want your money, I promise.


    Aaron wrote on August 16, 2007 01:38 AM: Brian,
    I'm saying that businesses should have the right to determine their own smoking or non-smoking policies. If someone doesn't want to patronize a bar or tavern because it allows or disallows smoking. that's fine. But leave THAT determination up to the business owner. Trying to legislate human behavior is a lost cause is a waste of taxpayer money.


    GK wrote on August 15, 2007 11:04 PM: Brian, you my friend, are a moron...The government is stepping in and telling these individuals how to run their business. It would be like you opening up your own business and telling people they can not smoke there, then having a law passed saying you MUST let people smoke there. Put the shoe on the other foot. Most of these people who pissed and moaned about this law probably go to these establishments once or twice a month max, then feel it is their right to screw the regulars. If you don't like smoke, don't go to the bar, or open your own non-smoking bar. Quit trying make choices for other people jackass.


    Brian wrote on August 15, 2007 07:34 PM: Hey Aaron:
    With your logic, anyone should be able to poison anyone and the gov. shouldn't be allow to law against killing people, huh?


    Aaron wrote on August 15, 2007 06:07 PM: People like Brian are exactly the type to NOT be in charge of saying who can smoke and where. I, too, would like to ask where the hell are all these non-smokers who were going to be patronizing the bars and taverns once smoking was banned? No one but a business owner should be the one who determines if they're going to allow smoking in their establishment or not. The government has NO BUSINESS telling a private business owner who to admit or disallow into their business.


    Lee Yarbrough wrote on August 15, 2007 05:47 PM: Brian,

    Smokers pay 2 to 3 times more for Health and Life insurance then non smokers.

    The States sued the Tobacco Companies for Billions of dollars to recover Health costs they claimed smokers cost them. They then used the money for everything besides health care. The State of Nevada used it for scholarships. That was paid for by the smokers by increased costs.

    No one is answering the question on why the business owner does not have the right to make his bar smoking or non smoking then let people make their own choice to go into those bars.

    Since this law was pasted people have lost their jobs, business owners have lost a big part of their income and some have gone out of business.

    When are all the non smokers going to go into the bars and support them as the smokers did?


    Brian wrote on August 15, 2007 05:34 PM: If you want to kill yourself by smoking, that's fine---except smokers are causing Health Insurance so high Smokes should be paying way more for health insurance--and reduce the price for non-smokers. Smokers cost billions of dollars!!! Charge 2000 dollars extra a month for smokers.


    Lee wrote on August 15, 2007 05:11 PM: Hey Brian,

    If a man spends His Million Dollars to open a bar and he wants to allow smoking you have the choice and right to NOT go into his bar.

    Is that really to hard to understand?

    Seems to me that man that owns the business should have the right to make the rules for his business.


    Josie wrote on August 15, 2007 03:58 PM: Brian--then do not, I repeat DO NOT go into establishments that permit smoking. Your gestapo mentality is tiresome at best and downright dangerous at worst. What goes on in MY car and in MY home is none of YOUR freaking business. Is there NO ONE out there with the money and cojones to sue for smokers rights????? By the way--I am not a smoker and find it a disgusting habit. However, I am intelligent enough to make choices as in NOT going to smoking establishments (before the nazis were put in charge) instead of puling and whining about it. Grow up, SHUT up and go back to Cal.


    Brian wrote on August 15, 2007 03:45 PM: I should go be able to anywhere public, including beaches, parks, bars, etc, and not be poisoned by smokers. Smoking needs to stop in all public places, including homes with children and even cars with children.


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