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• Smoking holdout gives up 

Kerry "Paco" Ellison, owner of the Blackhawk Saloon, said he is giving up his fight against the Kanawha-Charleston Health Department's smoking ban.

As of Tuesday night after 4 p.m., the bar that has openly defied the ban for more than a year was smoke-free, Ellison said. Only one section of an outdoor patio, located more than 15 feet from the entrance, was reserved for smokers, he said.

Ellison said his decision to end his battle with the county's health board came after a visit Tuesday, just as his bar was opening, from an official with the state Alcohol Beverage Control Administration.

Ellison, who was not present when the official arrived, said his employees were told that the bar would lose its liquor license if one more person was caught inside smoking.

"The eagle has landed and the Blackhawk is smoke-free," Ellison said Tuesday night.

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• Blackhawk Saloon giving up smoking battle  

A Charleston bar owner who flouted the Kanawha County smoking ban for more than a year will no longer allow his customers to light up.

Kerry "Paco" Ellison, who owns the Blackhawk Saloon, said the state Alcohol Beverage Control Administration threatened to revoke his liquor license Tuesday night, if he continued to allow patrons to smoke.

"They said if they see one cigarette, they'll begin the revocation process," Ellison said. "In other words, checkmate."

Earlier this year, Ellison was convicted in Kanawha Magistrate Court of violating the smoking ban. Ellison appealed, but a Kanawha circuit judge upheld the conviction.

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• R.J. Reynolds joins Kanawha smoking-ban fray 

The R.J. Reynolds Tobacco Co. is demanding that a Charleston bar owner remove a giant inflatable "Winston" cigarette pack replica outside the Blackhawk Saloon.

Kerry "Paco" Ellison has used the mock cigarette pack to protest Kanawha County's expanded smoking ban.

R.J. Reynolds alleges that the inflatable advertisement is harming the company's reputation because Ellison also is using it to advertise "unlawful smoker nights" and "encourage patrons of your bar to violate the county's smoking ban," according to a letter sent to Ellison by the tobacco company's chief lawyer.

"Obviously, it's a matter we take very seriously," said R.J. Reynolds spokesman David Howard, who declined additional comment Monday.

Ellison said he wasn't sure whether he would leave the inflatable advertisement up or take it down.

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• Bar's inflatable Winstons broke tobacco ad limits, health officials say  

The Kanawha-Charleston Health Department has asked the state Attorney General to investigate a Charleston bar owner who flouted the county's expanded smoking ban by setting up a giant inflatable cigarette pack replica outside his bar.

Health officials allege that Blackhawk Saloon owner Kerry "Paco" Ellison violated the 1998 Tobacco Master Settlement Agreement that limits cigarette marketing and advertising. Last month, the 16-by-18-foot inflatable Winston cigarette pack was visible for weeks to motorists on Interstate 64, just east of the state Capitol.

"It was visible to children," said Brenda Isaac, the health board's president. "We thought people should look into whether it's breaking federal law. You can't put up a billboard like this and advertise cigarettes."

Ellison, who has butted heads with the Health Department over the county's expanded smoking ban for more than a year, said he put up the custom inflatable to help advertise a "smoker's night" at his bar on Aug. 19. . . .

"I'm going to have to get that up again," Ellison said. "I'll have to do that. I call it my inflatable doll." . . .

Ellison said the Winston inflatable was originally displayed at the Charlotte Motor Speedway, which hosts NASCAR races. The product replica was discarded at some point, he said.

"It was in a Dumpster down there, and some guy fished it out," he said. . . .

Ellison said Winston did not pay him to display the air-blown advertisement.

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Smoking ban conviction against saloon upheld; bar 

A Kanawha County judge has upheld the conviction of a Charleston bar owner who previously was found guilty of violating the county's expanded smoking ban.

Circuit Judge Charles E. King ruled that Blackhawk Saloon owner Kerry "Paco" Ellison broke the law when he distributed ashtrays and allowed patrons to light up in his bar last year.

King also dismissed Ellison's claim that the Kanawha-Charleston Health Department discriminated against his bar by punishing his business while refusing to investigate violations at competing establishments.

Ellison said Monday he would appeal King's decision.

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Kanawha Bar Owner Vows to Appeal Smoking Conviction  

A Kanawha County circuit judge has upheld the conviction of a Charleston bar owner on two misdemeanor charges of flouting the county's smoking ban.

Judge Charles King upheld a magistrate's February conviction of Blackhawk Saloon owner Kerry "Paco" Ellison. King ruled that Ellison broke the law by distributing ashtrays and allowing patrons to smoke in the bar.

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VIDEO: Health Board Votes Down Berkeley County Smoking Ban 

BERKELEY COUNTY, WV - Smoking will still be allowed in some bars and restaurants in Berkeley County.

The county board of health unanimously opposed the Clean Indoor Air Act Monday afternoon.

A small crowd of business owners gathered for the hearing. Mayor George Karos opened the meeting. He says as government grows, liberties shrink. He opposed the act and all five members of the board agreed.

The board addressed several concerns, primarily not exposing children to secondhand smoke or encouraging them to smoke. One member pointed out that the bars and clubs only allow adults 21 and over.

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• West Virginia: Berkeley Co. Health board snuffs out clean-air proposals 

MARTINSBURG, W.VA. --In what the Berkeley County Health Department administrator called a "totally unexpected chain of events," the county's board of health Monday unanimously voted down changes to the county's clean-air ordinance.

The Berkeley County Board of Health voted 5-0 in favor of not imposing tougher restrictions on smoking in public spaces and workplaces, according to Bill Kearns, the county's health department administrator, who authored much of the proposal.

"Basically, the clean-air indoor ordinance of 2001 stands and no revision was approved," Kearns said in a telephone interview after the meeting.

Martinsburg Mayor George Karos, a member of the board, made a motion to vote in favor of not implementing the changes, Kearns said.

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Blackhawk bar owner vows to appeal smoking conviction 

A Kanawha County circuit judge has upheld the conviction of a Charleston bar owner on two misdemeanor charges of flouting the county's smoking ban.

Judge Charles King upheld a magistrate's February conviction of Blackhawk Saloon owner Kerry "Paco'' Ellison. King ruled that Ellison broke the law by distributing ashtrays and allowing patrons to smoke in the bar.

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• Smoking ban for clubs nixed  

MARTINSBURG - Clubs, bars and fraternal organizations will not be forced to ban smoking, thanks to unanimous action taken at Monday's night's Berkeley County Health Department meeting.

Just minutes after board member George Karos made a motion not to make a proposed change in the county's clean indoor air policy, the other four board members also echoed his sentiment, although for a variety of reasons.

At least one person disagreed with the action. Dr. Diana Gaviria, the department's health officer, said after the meeting she feels board members made the wrong decision.

"This decision was not in the interest of public health. It was in response to a very effective and very vocal opposition. Unfortunately, I don't think it serves the members of the community well," Gaviria said.

"The priority of the Board of Health should be public health," she said.

Before making his motion, Karos said he had read and considered all of the public's comments. Karos also said the county already has an indoor air ordinance, which was enacted in 2001, and it is working well.

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Berkeley County bucks trend on smoking bans 

MARTINSBURG, W.Va. -- The national trend toward greater restrictions on smoking has faltered in Berkeley County.

The county board of health voted unanimously on Monday to reject a proposal that would have banned smoking in bars, clubs and fraternal organizations.

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A town divided, literally: W.Va. town wants to join county health agency over smoking ban 

Nitro, which straddles the border between Kanawha and Putnam counties, is looking at the possibility of cutting ties with the Kanawha-Charleston Health Department and linking up with health officials in Putnam County, where a similar smoking ban was rescinded two years ago.

The Putnam County Health Department already has responsibility for the 1/3 or so of Nitro within county borders, and city officials say a complete switchover makes sense.

"We're serving two masters right now," Nitro City Recorder Rita Cox said.

The plan, which Nitro officials began discussing this month and plan to present to the Putnam County Commission in October, wouldn't affect other areas of town life administered by Kanawha County. Students who go to class in Kanawha schools would continue to do so. The idea is simply to switch health departments, and officials are candid about the reasoning.

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Nitro looks at split over smoking ban  

CHARLESTON, W.Va. -- An ongoing dispute over the Kanawha County smoking ban has officials in the town of Nitro contemplating a divorce.

Nitro Mayor Rusty Casto says city officials are looking into merging with the Putnam County Health Department to avoid Kanawha County's smoking ban.

Officials at Tri-State Racing and Gaming Center in Nitro say the smoking ban has driven gamblers away and cost them millions in revenue.

Nitro straddles the line between the two counties. State law would seem to permit it to join up with Putnam, if that county approves.

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• Smokers Rally 

MARTINSBURG - Pete Snow may have to breath with the assistance of an oxygen tank, but that didn't stop the senior citizen and Berkeley County war veteran from joining scores of protesters Wednesday night in Martinsburg for a rally and march to show support for opposition to a proposed smoking ban.

The ban, proposed by the Berkeley County Health Department, would eliminate smoking at private bars, clubs and fraternal organizations.

"I just don't believe they should take the rights away from the private clubs. I mean I'm on oxygen, but if I don't want to go, I can go someplace else. Don't take rights away from other people," Snow said while standing amidst the protesters at the square in downtown Martinsburg. "I think too much of this is going on in my country today. Rights are being taken away."

The protest was organized by local businessman and smoking-ban opponent Butch Pennington, who owns three clubs and two liquor stores. The board of health could vote on the ban at their next regular meeting, which is at 4 p.m. Monday at the old Berkeley County Courthouse across the street from the square where protesters gathered.

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Board seeks alternative ideas for smoking ban  

MARTINSBURG - When Berkeley County Health Department Administrator Bill Kearns discussed a proposal that would ban smoking in area bars, private clubs and fraternal organizations at Thursday night's public forum, he also talked about seeking ideas from citizens on alternative plans.

Other ideas will be considered, Kearns said, because the goal is to protect public health, not anger local citizens or negatively impact area businesses and the economy with the change to the county's Clean Indoor Air Policy.

Unfortunately, he said, most of the 70 public comments that have already been submitted online were simply folks who wanted to take a side - pro or con on the proposed smoking ban.

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