Court ruling clears up smoking law

The Olympian • Published September 22, 2008

• Comments (0)

Albeit by a narrow margin, the Washington state Supreme Court has upheld the state's voter-approved ban on indoor smoking, including private clubs with employees.

It's nice to finally have some clarity on the controversial law.

South Sound has been at the forefront of this issue, in large part because of local club owner Frank Schnarrs' ongoing battles with county health department officials over enforcement of the smoking ban. Schnarrs has found a way to accommodate smokers -- and the new judicial ruling -- by creating an indoor smoking section open only to club members. The key is that no bar employees are allowed into the private club portion of the bar during their work shift. It's manned by volunteers.

Schnarrs, owner of Frankie's Sports Bar and Grill in Olympia, has doggedly fought officials' attempts to keep smoking out of his operation. He was found in contempt of court in June for attempting to classify his operation as a private club. But he was given time to see whether he could fashion an indoor smoking area in the business that would meet requirements of the law. His attorney says that's precisely what Schnarrs has done.

Sharply divided

The Supreme Court was sharply divided in its smoking ban ruling. Justice Mary Fairhurst, writing for the 5-4 majority, said, "We hold smoking is prohibited in the (American Legion) Post under the Act because it is a 'place of employment' and the prohibition, as applied to the Post, is constitutional."

Justice Barbara Madsen wrote a concurring opinion to emphasize that the law now "prohibits smoking 'in a public place or any place of employment.'"

American Legion Post 149 in Bremerton sued the state and Kitsap County after it was ordered in 2006 to ban smoking or face prosecution.

Signing the majority opinion were Chief Justice Gerry Alexander, Justices Susan Owens and Madsen, and Justice Pro Tem Bobbe Bridge (who retired but heard the case when on the bench).

In the minority were Justices James Johnson, Tom Chambers, Richard Sanders and Charles Johnson.