Where's There's Smoke, There's Likely a Banned Cigarette

Two village trustees — Pat Tetzlaff and Steve Berger — and Director of Police Services Lt. James Gumm met Tuesday with bartenders and owners angry that they comply with the state's smoking ban, then watch customers who want to smoke go to other village bars that let customers illegally light up.

"What we want is a level playing field. What we want is basic fairness," said Sussex Bowl owner Kim Starz-Nicholas. 

"I have two bowling centers, one in Sussex and one in Brown Deer," Nicholas said. "There, this law is heavily enforced. No one would even dream of lighting up there."

"Our bar business is heading down the road where the establishment doesn’t care if they get a $100 fine every day. And it's impacting us severely," she said.

"Because it’s not being strictly enforced in Sussex, we’re not on a level playing field," Nicholas said. 

Lt. Gumm urged bar personnel and owners to speak up. "I would encourage you to attend the upcoming public safety committee meetings and voice that opinion."

"Although no municipality can weaken the state law by local ordinance they can make it stricter or clearer -- less ambiguous -- to enforce," Gumm explained.

Gumm said, "There are some elected officials who are somewhat sympathetic to smokers. The village needs to do nothing, since a state law is in place, but public opinion can shape how public officials view things," Gumm said. 

"It either has to be tightened up, or loosened up, because by doing the right thing and following the law we're losing customers who are going and sitting elsewhere, where they're allowed to smoke," Nicholas said.

"I think everyone knew that the smoking ban was going to hurt bars in our area, and that because of that, every bar would come up with a place to go outside and smoke," said retiring village board member Steve Berger.

"But we didn't anticipate having to fight against other bars in our own village," Nicholas said. She believes that some establishments are getting away with breaking the law by letting customers smoke inside.

"In Brown Deer it's a no brainer," Nicholas said. "You do not break this law. There is a demerit system in place and your liquor license can be threatened in Brown Deer."

"It's under a nuisance ordinance there," she explained. "If the police are coming into your bar and issuing multiple tickets, then the demerit system kicks in."

"I hear your frustration," said Pat Tetzlaff, village board member and chair of the community's public safety committee.

"Please come to the next committee meeting so that body can hear what is happening," Tetzlaff urged.

Berger continued, "You want to play on a level playing field, and the only place in town that I’m aware of that's blatant about the problem, is the Sussex Place."

Despite delaying the start of the meeting so that Gumm could place a call to the Sussex Place and make a special invitation for someone from the establishment to attend the meeting, no one came.

"Some have said that we don't want or need 'smoking police' in Sussex," Gumm told the bartenders and bar managers in attendance, "and frankly I believe that our resources are better used elsewhere."

"But having said that," Gumm made clear, "if we get a call for service for someone smoking in an illegal location, then we have a duty to respond to it."

"Is it a priority call? No. Is it a call that we're going to take officers off another incident to handle? No."

"But it is illegal for an establishment to provide smoking materials, including ashtrays and matches," Gumm said, "or to fail to have the no smoking law posted, or to allow someone to smoke within the definitions of the law."

"Officers are going to go in, observe and take action or not, based on what is happening," Gumm explained.

"The village of Sussex has not taken up its own ordinance on this. The officers who respond are enforcing state law," he said.

But the law also states the an establishment cannot be cited more than once per day, "even if there are multiple violations," Gumm explained. And Nicholas suggested that a business may view a $100 per day fine as just part of the overhead if it increases their business.

"We are not going to be out actively trying to look for smoking violations," Gumm explained. "But if the officer is there on some other purpose, and sees smoking, then that would be a violation." Gumm said. "A citizen complaint is not needed. The officer can take action."

Berger said, "All it takes is one person in the village to ask for a stronger smoking ban, but there really hasn’t been anyone at any of the public safety meetings to complain about this. That’s your opportunity."

"If this community says that it wants us to redirect patrols to enforce this more strictly, then that's what we will do," Gumm said just before the meeting adjourned.