Tobacco.org

• McDonough County smokers win round one  

A McDonough County Court has dismissed charges against nine people who were criminally charged for smoking cigarettes in a public establishment in September 2008. Bushnell Attorney C.F. Pierce and Peoria Attorney Dan O'Day represented nine of the individuals arrested, including the owners of the Silver Fox tavern and Bowser's, two establishments where the arrests took place.

"It has been established in a court of law that people who are smoking in public are not criminals, therefore they have no reason to be tried as such," said Pierce. "The cases have to be brought in a quasi-civil proceeding being an administrative process; such as the Department of Public Health. The dismissals are reflective of the current trend that these smoking cases were not adequately considered and reviewed prior to being voted on by the Legislature. This doesn't mean that you're legally able to smoke in public - but to enforce a non-smoking law, the lawmakers and State's Attorneys are going to have to redefine their procedures."

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