Bar owner found in contempt

Judge: Frankie's smoking area is not private

By Keri Brenner | The Olympian • Published June 10, 2008

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OLYMPIA – A judge found tavern owner Frank Schnarrs in contempt of court Monday for violating the state's voter-approved ban on smoking in public places.

But Thurston County Superior Court Judge Richard Hicks left the door open for Schnarrs to comply if Schnarrs were able to build an indoor designated smoking area using health criteria on par with outdoor smoking rooms created by other bars.

Hicks struck down Schnarrs' offer of a $1 day-pass into his members-only club, "Friends of Frankie's," as being the "Achilles heel" that left Schnarrs vulnerable to charges he was operating outside the bounds of the 2005 state law.

"Any stranger can come in, without a sponsoring member, pay the $1 guest fee, and be allowed to smoke," Hicks said. "This is not a private place, when anyone can come in like that — it's public."

Schnarrs had alleged that the members-only club on the second floor of his Frankie's Sports Bar & Grill on Pacific Avenue Southeast met a provision of the state law that exempted a "private workplace inside a public place" from the smoking ban.

But the judge agreed with Thurston County Deputy Prosecuting Attorney Jane Futterman, who argued that the second floor could not be considered private if anyone could come in and smoke for the price of a $1 "day pass."

"This is a — forgive me — smokescreen," Futterman told Hicks. "Clearly, Mr. Schnarrs wants to allow smoking." Futterman said Schnarrs says he's trying to work with the county but "it's just so he can do what he wants to do," she said. "It's against the law, but he does it anyway."

Hicks gave Schnarrs 10 days from when the judicial order is signed to apply for a county review to see whether an indoor designated smoking area could be devised that met the state law's requirements. Under the law, a designated smoking area must be at least 25 feet from any doors, windows or ventilation units that would allow secondhand smoke to pollute nonsmoking areas.

Schnarrs' attorney, Shawn Newman, said Hicks' ruling recognizes the ambiguity of the state law and so leaves the door open for Schnarrs to come up with a solution.