The decision by Associate Judge Cornelius Hollerich, combined with the rejection of proposed regulations for the statute by the state earlier this year, appears to leave no recourse for the prosecution of smokers cited for lighting up indoors in public places.
The ruling came in the long-delayed case against Duane Alexander, who was ticketed for allegedly smoking in a Spring Valley tavern in February.
Alexander’s lawyer, Peoria attorney Dan O’Day, said the ruling has immediate, far-reaching implications for the smoking ban.
“This ruling, if it’s correct — and we think it is — is that there’s no way to enforce the Smoke Free Illinois Act right now,” O’Day said. “There should be no more arrests for smoking.” Here is more of what Dan O’Day has to say.