Smoke Free Illinois Act unenforceable


PRINCETON —

A Bureau County judge essentially made the Smoke Free Illinois Act unenforceable Tuesday by ruling that circuit courts had no jurisdiction to handle violations of the act.

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.

Advertisements

About Marshall Keith

Broadcast Engineer Scuba Diver Photographer Fisherman Hunter Libertarian
This entry was posted in Libertarian, Nanny State, Smoking Ban and tagged , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s