Nonstopdrivel
14 years ago

Businesses hit with spate of phony smoking ban violation complaints 
Green Bay sees more than 70 false charges in week after smoking ban

BY STEVE CONTORNO SCONTORNO@GREENBAYPRESSGAZETTE.COM JULY 20, 2010

Managers of St. Brendan's Inn in Green Bay were surprised to learn a complaint had been filed against them for allegedly violating the smoking ban on July 5.

Besides enforcing the new policy, there was one other fact in St. Brendan's favor: the bar was closed that day.

"We know it's not a valid complaint, and we're not really sure how this is being regulated," said Dan Joppe, bar manager.

When the statewide smoking ban took effect July 5, the state Department of Public Health set up a hot line, (800) NO SMOKE, and a website that allowed tipsters to alert it to bars, restaurants and workplaces turning a blind eye to smokers. The department then sends a letter to the establishment and the local law enforcement agency informing them of the complaint.

However, the tips are virtually anonymous, and plenty of phony complaints were registered in the first week of the ban more than 70 in Green Bay alone, said Connie Olson, executive director of Community Action for Healthy Living, an organization that promotes smoke-free lifestyles.

Olson said she realized the flaw when she noticed complaints about bars that had been smoke-free for six months.

"I wish it were a perfect system. The only way they can make it more accountable is if people signed their name and address and contact information to a complaint," Olson said. "When you leave it open like that to anyone, you're going to get some goofy stuff.

"Some people would complain four or five times against the same venue, but some of those businesses weren't even open."

A complaint is just a notice to the establishment and the authorities. It can only result in a fine if police investigate and find reason for disciplinary action, Olson said. If authorities investigating a complaint find people smoking or ashtrays of cigarette butts, an establishment can face fines of up to $100 per day.

As of Monday, no police action had been taken for the July 5 complaint against St. Brendan's Inn, 234 S. Washington Ave.

The Lorelei Inn, 1412 S. Webster Ave., Allouez, received a letter in the mail as well, which they also say holds no water. When trying to get answers, owner Lynne Stahl attempted to follow up on the complaint but found it difficult to do so.

"I made a phone call to the number on the letterhead. I got transferred to five different departments," Stahl said. "Their legal department basically told me I need to be compliant. They didn't listen."

Joppe said another "loophole" in the system is complaints can be submitted with an advance date, and they'll still be accepted. It's led him to believe that the only people filing complaints are angry smokers, rival businesses or special interests opposed to the smoking ban.

"Until we get a fine for a justified thing, we're not really too concerned with them sending stuff out," he said. "But it's probably a waste of paper."

Unfortunately, Olson said that's the inherent risk that's taken when people can complain anonymously.

"The intent of this is not to run out and start giving people citations," she said. "The system works, but it's not perfect, and I think the only way we can get toward perfection is to have the complaint validated so we can follow up and get the story."



I am a vehement opponent of anonymous tipping in legal cases. The Sixth Amendment to the Constitution of the United States dictates that "In all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him." (Yes, I know that smoking ban violations are likely to be a civil, not criminal, affairs, but abominations like CrimeStoppers do lead to criminal prosecutions.) I think it's preposterous that our supposedly free nation, people can make anonymous allegations against others without facing any sort of accountability -- and moreover, be paid for doing so. It reminds me of Nazi Germany, Communist Russia, and other totalitarian regimes.

If people had to be accountable for their accusations, there would be far fewer false accusations made. I think the punishment for a false accusation should be the same as the punishment for the crime that is being alleged.
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Formo
14 years ago
Great point man. I agree. Couldn't explain it any better.
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Thanks to TheViking88 for the sig!!
djcubez
14 years ago
I agree with you Drivel. In Web Design there's a watchdog company where you can complain about various websites and hosts completely anonymously. If they get enough the complaints they'll contact your ISP and shut you down. It's ridiculously bogus.
Zero2Cool
14 years ago
What you in for?
Smoking in a public bar ...
For real dude? Me too!
I'm innocent, I didn't do it ...
Ya I hear ya, fuck the system man, fuck'em!
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Nonstopdrivel
14 years ago
That made me laugh out loud. +1

"I'm tellin' ya, man, I'm clean! I got papers! No smoker's cough, not even a spot on my lungs."
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Wade
  • Wade
  • Veteran Member
14 years ago
The biggest piece of evidence used for who gets re-hired, tenured, promoted at my institution (and most similar institutions) are anonymous student evaluations.

Most of which would get no better than a C- if written for a "survey design" class.

Obviously, unlike the example the OP put up, there is no constitutional problem with this practice.

But I always find it ironic, disturbing, and annoying, that people who claim to be driven by "evidence" (academics, lawyer/legislators, people who want a ban on smoking for health reasons, etc.) so regularly have such bloody awful evidentiary standards.
And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)
dfosterf
14 years ago

...so regularly have such bloody awful evidentiary standards.

"Wade" wrote:



Dippin' into the single malts again, mate? lol
Nonstopdrivel
14 years ago
I am also an opponent of anonymous SEIs (student evaluations of instruction). The things students write on those forms are so frequently malicious and frequently without basis in fact. I think people should have to man up to the words they pen, particularly when they're criticizing someone. The future of professors' careers rests in large measure on those SEIs. That's why most professors hate teaching 100-level classes, since it's in those that the student critiques are typically harshest.

Incidentally, the dichotomy between instruction evaluations of lower-level and upper-level classes can be startling. Go to (be)ratemyprofessors.com and compare the ratings of the exact same professors when teaching lower-level versus upper-level classes.
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Zero2Cool
14 years ago

That made me laugh out loud. +1

"I'm tellin' ya, man, I'm clean! I got papers! No smoker's cough, not even a spot on my lungs."

"Nonstopdrivel" wrote:



I make you laugh, and then you lie to me?

Ouch!!
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Wade
  • Wade
  • Veteran Member
14 years ago

...so regularly have such bloody awful evidentiary standards.

"dfosterf" wrote:



Dippin' into the single malts again, mate? lol

"Wade" wrote:



Nah. Just my usual bitchiness. 🙂
And do not be conformed to this world, but be transformed by the renewing of your mind, that you may prove what is that good and acceptable and perfect will of God.
Romans 12:2 (NKJV)
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