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One of the first rulings under the state's new administrative review process for smoking ban violations upheld a Vermilion County Health Department fine against the Hoopeston bar, Deano's on Main.

Health department officials cited the business earlier this year when inspectors entered Deano's for a routine food inspection and a customer was smoking inside the business. The health department had received multiple complaints about smoking ban violations at Deano's prior to the inspector's visit, according to health department officials.

Rather than paying the fine, the business requested an administrative hearing handled by the Illinois Department of Public Health. The administrative law judge upheld the $100 fine.

Lori Dean, owner of Deano's, said the law is ridiculous, and 90 percent of her patrons are smokers. The day of the food inspection, she said, there was only one elderly customer smoking a pipe.

"I think it's unfair that a business owner doesn't have the right to make their own decisions for their business," she said. Illinois' smoking ban, which prohibits smoking in any place the public is allowed, including businesses, places of employment, restaurants and bars, went into effect in January 2008. Since it took effect, the Vermilion County Health Department has received 136 complaints through the state's hot line about smoking ban violations, and the vast majority of those have been about bars, according to health department officials.

But the state law was not clear about how the ban should be enforced.

Some of Vermilion County's first smoking ban citations in 2008 were pursued through the local circuit court system and are still pending, said Steve Laker, Vermilion County Health Department administrator.

In February of this year, Gov. Pat Quinn signed into law legislation establishing an administrative hearing process handled by the state for violators who want to appeal the citations and fines rather than pursuing the issues in court.

Seven businesses statewide, including Deano's, requested hearings, according to Kelly Jakubek with the Illinois Department of Public Health. And one of those was another Vermilion County business, Under Caution, a bar at 2511 Georgetown Road in Tilton.

The administrative law judge overturned the fine against Under Caution, because the business had no other complaints against it, and the owner had made a good-faith effort to comply with the law, according to Laker.

Jakubek said a Champaign County business was also one of the seven that has requested a hearing under the new system, DR Diggers, 604 Country Fair Drive, C. That hearing was Friday, but a decision has not yet been released.

Dawn White, co-owner of Under Caution, said she was pleased to know their fine was overturned, and she has made efforts to comply with the law although it costs her business when there are other bars in the area that don't adhere to the ban. She built a smoking area and beer garden at the back of the business for smoking customers, and employees do remind customers who light cigarettes that they must smoke outside.

"They understand, but they think it's wrong, too. And I have my customers who will have a beer and burger, but they don't stay, because they can't smoke," said White, who added that they tell her they're going to another bar where they can continue to smoke. "So, I've lost a lot of money due to this." White claims that her place has been checked five or six times while others have not. White believes if the state isn't going to enforce it consistently, then the state should revamp the law.

Laker said the health department will continue to enforce this law, and the county in August made changes to its ordinances, allowing the health department to not renew permits and licenses of businesses that have not paid their smoking ban citation fines.

"So we have another tool to work with, and it was intentional," Laker said. "The whole purpose is get people to understand that we do take this seriously, and we don't do selective enforcement of the law." Laker added that businesses that have had multiple complaints can expect random inspections regardless of whether there are additional complaints received from the public or warning letters issued to the business by the department.

"This law was passed as a work force law, and we wouldn't be doing our job if we didn't enforce that law," he said. "And I don't think the law is going to go away." Rick Danzl/The News-Gazette Lori Dean, owner of Deano's on Main at 306 E. Main St., Hoopeston, lost an appeal against a $100 fine for a smoking ban violation at her bar.