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Posted on Sat, Jan. 15, 2005


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.


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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