Tavern owner's motion OK'd

New judge granted in smoking ban case

By Keri Brenner | The Olympian • Published February 29, 2008

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OLYMPIA – A new judge will be assigned to hear a motion to find tavern owner Frank Schnarrs in contempt for violating the state's ban against smoking in public places.

Schnarrs, owner of Frankie's Sports Bar & Grill, was supposed to appear Friday before Thurston County Superior Court Judge Gary Tabor. Tabor was to hear a motion for an order of contempt against Schnarrs filed by Jane Futterman, the Thurston County deputy prosecuting attorney.

Schnarrs claims he is not violating the law by allowing smoking in a separate room on the second floor of his tavern and restaurant on Pacific Avenue Southeast. Schnarrs has maintained that Initiative 901, approved by voters statewide Dec. 8, 2005, provides an exemption for a private "smoking room" that is contained inside a public place.

Futterman is asking the court to find Schnarrs in contempt for not abiding by a Dec. 29, 2006, Thurston County Superior Court injunction that ordered him to comply with the ban.

On Thursday, Schnarrs' attorney, Shawn Newman, filed a motion for a change of judges, saying that Tabor "is prejudiced against such party or attorney ...," according to court documents.

Newman said Friday that Schnarrs had not identified a reason for requesting the change in judge. However, Newman noted that Tabor had previously ruled against allowing smoking in a similar case involving the American Legion Post 149 in Bremerton. Newman, who argued the Bremerton case before the state Supreme Court in November, said a decision is expected soon from the high court in that case. Newman added that a Supreme Court decision in the American Legion case could have some bearing on the Schnarrs situation as well.

In the Bremerton case, Newman is arguing that the smoking ban doesn't apply because the American Legion post is a private club.

Keri Brenner covers Thurston County for The Olympian. She can be reached at 360-754-5435 or kbrenner@theolympian.com.