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DECC,
dart players violate smoking ban
SMOKING:Players
at a dart tournament and a DECC official decided to comply
with the law after being threatened with eviction.
BY CHRIS HAMILTON
NEWS TRIBUNE STAFF WRITER
City officials received a court
injunction Friday to evict a dart tournament from the Duluth
Entertainment Convention Center after players violated the
city's smoking ban.
Court intervention was sought because
organizers of the Minnesota Operators of Music and Amusement
state tournament and DECC executive director Dan Russell opted
to pay city fines rather than snuff out smokes in South Pioneer
Hall.
But when given the choice by police
late Friday night of smoking and leaving or not smoking and
staying, conventioneers decided to stay, said Duluth police
Chief Roger Waller.
Russell had entered into a contract
with the organization that allowed them to smoke at the
tournament, Waller said. The event runs through Sunday and
attracts more than 1,000 dart players.
Russell condoned the breaking of city
law by sanctioning an event that's in direct opposition to city
ordinance, Waller said.
"We don't believe he can do that,
and that's why we've taken action against him and why we are
seeking injunction on the event," he said.
People walking in the skywalk and
attending other events at the DECC could smell the smoke and
complained to the city. Mayor Herb Bergson received about 20
angry phone calls by Friday morning.
Waller said police asked event
organizers to stop the smoking but was told they wouldn't.
"They're dart players. They
smoke," Russell said. "I know a lot of people in this
community want everything here to be Garrison Keillor, but we
serve everybody. For every symphony, there is a monster-truck
show."
But Russell apologized Friday night for
what he described as a poor job on his part of balancing an old
contract obligation and city law.
Minnesota Operators of Music and
Amusement, the trade association for the state's coin amusement
operators, sponsors pool and dart leagues across the state. The
conflict arose because the group entered into the contract with
the DECC five years ago, before the ban went into effect, said
board member Hy Sandler of Minneapolis.
Bergson ordered that Russell be cited
for violating the city's 2000 smoking ordinance, which includes
the DECC. The DECC is an authority semi-independent from the
city, and Russell is considered the operator.
Police issued a ticket for Thursday and
would probably write another for Friday, Waller said. The fine
for violating the city's ban is up to $1,000 for each day.
"I'm really ticked about
this," Bergson said. "Not only did they violate a city
ordinance, we believe they also violated the state Indoor Clean
Air Act."
St. Louis County District Court Judge
Heather Sweetland signed the injunction Friday evening, Waller
said.
"This is what should have happened
in the first place," Bergson said after attendees complied
with the ban Friday night. "That is not acceptable."
Bergson also chided Russell for not
letting the city know in advance about the problem. He called a
city meeting on the issue Friday and e-mailed Russell but said
he only received a copy of the contract in return.
In a memo to the city, Russell said the
hall has a bar and wasn't serving food, so it was in compliance.
Once he paid the fine, he felt the matter would be settled. He
just wanted to make it through this weekend, Russell said in an
interview.
The DECC wants to comply with the law
and promises that it wouldn't happen again, Russell said, and no
other similar events are on the books.
"It's a very large piece of
business for the community with a significant economic
impact," he said. "After all, this is the slowest
weekend of the year, and the coldest. Dart players are what's
keeping Duluth hopping this weekend."
The city's action comes right on the
heels of a broader smoking crack down at Duluth businesses.
Russell said that probably was a major factor in this case.
Just last week, the Police Department
mailed letters to eight of the city's bars, restaurants and pool
halls, ordering them to stop violating the ban or face fines and
penalties.
CHRIS
HAMILTON is a general assignment reporter. He can be reached
weekdays at (218) 279-5502 or by e-mail at chamilton@duluthnews.com.
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