Smoking-ban citations not enough to deter bar owners

Business was slow. A few people shot pool. Four or five others leaned on the bar, cigarette packs here and there.

Although there were no ashtrays in sight, a man at the bar was smoking — a signal that two citations for violating the statewide smoking ban, which were issued 19 hours earlier, failed to extinguish the bar’s resistance to the ban.

“We will stand together with the other bar owners in this protest,” Jeff Eickman, co-owner of D.J.’s Bar and Grill at 1100 E. Fillmore St., said Saturday night.

Colorado Springs police showed up about 11 p.m. Friday after someone reported “everyone was smoking in the bar,” a police report said.

Once there, officers found evidence it was true. “There were ashtrays out with cigarettes in them,” Colorado Springs police Sgt. David Edmondson said.

But officers saw only one person smoking and cited bar patron Ralph Chapman. They also cited Eickman. Each could face $200 fines.

D.J.’s is one of several bars taking part in civil disobedience against the smoking ban, which went into effect last summer. Several bar owners confirmed their involvement in violating the ban.

Bar owners have said the ban is destroying their business, and they’ve vowed to fight citations.

A fine pool has been set up at D.J.’s, and Eickman said he and the customer planned to plead not guilty. He also said bars from Lamar to Denver have joined the protest.

“All we ask is let us make our money,” Eickman said. “This is private property. I own this business with my business partner. Let’s get back to free enterprise. We believe this is an unconstitutional law.”

Lori Hall, a smoker, agreed. “This is a bar, and smoking is part of a bar atmosphere,” she said.

Across the table, Karen Westbrook, who said she quit smoking six years ago, opposed the ban because it had not been put to a public vote.

Another nonsmoker, Stephen, who wouldn’t give his last name, said the ban is an example of government overstepping its bounds. “I’m 50 years old,” he said. “I can look out for my own health. I don’t need the government’s help.”

As for those who brought the ban on by complaining about smoking in restaurants and bars, he said, “If you don’t want to be around it, don’t go.”

Staff writer Scott Rappold contributed to this report.