Smoking violation hearing continued

PRINCETON — The interpretation and legality of the Smoke Free Illinois Act has come into question.

Peoria attorney Daniel O’Day represents Duane Alexander, 46, of Burbank, who was arrested Feb. 7 at the Family Tavern in Spring Valley for allegedly violating the Smoke Free Illinois Act, which went into effect Jan 1.

Alexander and his attorney will appear in court at 10 a.m. Aug. 4 to present a motion to dismiss the charge against Alexander. The hearing was previously set for July 15.

In his motion to dismiss, O’Day said Section 15 of Smoke Free Act violates the privacy rights of citizens. The new law does not regulate commercial transactions, such as the sale of tobacco, and the law should be tested to determine whether it constitutes an undue regulation of conduct by consenting adults, he said.

In his response to the motion to dismiss, Bureau County State’s Attorney Patrick Herman said local law enforcement agencies are charged with the enforcement of the Smoke Free Illinois Act. The state has authority to exercise its police power to remedy evils the legislature has determined to be a threat to public health, safety and general welfare, Herrmann said. The General Assembly has determined secondhand smoke to be a hazard to the public, he said.

At the time of the Feb. 7 incident, Marlene Casey, manager of the Family Tavern, said no one was smoking inside the bar. The bartender had given Alexander a glass for his cigarette ashes and butts which he took outside to smoke. Alexander allegedly brought the glass inside to dump when an undercover officer entered the building. Initially, the bartender was also charged with violating the Smoke Free Illinois law, but those charges were dropped.

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