Suwalski says he is determining how to appeal the $50 fine
Jump to full article: Topeka (KS) Capital-Journal, 2010-03-16
Author: Tim Hrenchir
Intro: City of Topeka hearing officer Kendall McVay has levied Hot Pockets tobacco shop owner Jim Suwalski a $50 fine after ruling he violated the city's smoking ban ordinance.
McVay issued a ruling dated Friday concluding Suwalski violated the ordinance's intent, which is to recognize that "the need to breathe smoke-free air should have priority over the choice to smoke."
Suwalski said a notice of the ruling was received Monday by his attorney, Bruce Harrington. Suwalski said he wouldn't pay the fine and planned to file a lawsuit to try to get the decision overturned. . . .
Suwalski -- to test the ordinance -- smoked a cigarette in front of police in his 10-by-10-foot tobacco shop, Hot Pockets Retail Cigarette Outlet. The shop is located inside Hot Pockets Billiards and Sports Bar, 1909 N.E. Seward, which Sharon Suwalski owns. The tobacco shop has no walls. Its boundaries are marked off by duct tape.
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