Tobacco Documents Online

J+ T{{'''~~1 ~J f LA CROSSE, WIS. TRIBUNE D. 34.942 -S. 35.190 LA CROJSE MEIROFOlI1AN AREA City Smoking Ordinance Ruled Valid; Trial Is Set I The trial for Sally Rubin, charged in connection with the April 9 fire att the W & S Apart- -ment Building, 3rd and State Sts., will be Thursday. Municipal Judge Leonard Cho j.nacld ruled Monday that the city ordinance, on which Miss Rubin is charged, is coustitation- • ,al. Her trial will be at 9: 3t) a.rt. in the La Crosse Common Council Chambers, which is the site of the Municipal Court. She is charged with an ordi- nance violation of settiug the fire through careless use of sittolang materials. The violation carries a fine of a20 to $200. Miss Rubin was a resident in the building, which housed two bars and 36 apartments. The argument that the ordi- nance was unconstitutional was presented by Miss Rubin's de- fense attorney, Michael Ablan. Ablan argued that the ordi- nance went beyond the state statute by not considering care- lessness or recklessness. The city ordinance says th2t no person by smoking, or at- tempting to light rn~ smoke czga- rettes, cigars, pipes or tobacco, shall set fire to any bedding, fur- rriture, curtains, drapes, house, householA fittings or any part of any huilding. The state ordinance states, in part, that "Any person who, by sraoiring, or attempting to light or to smoke cigarettes, cigars, pipes or tobacco...shall, in a careless, reckless or negligent maoner, set fire to any bedding, . furniture..." is subject to penal- ty. Ablan suggested that an indi- vidual could be convicted even if the fault, were not his own. A person could be innocent of carelessness, be said, and still be convicted. - Ablan also argued that the city ordinance was "arbitrary and ca- pricious." An individual only is arrested if there are damages. That means, Ablan said, that the law is enforced arbitrarily. And, because an individual learns after the'fact that he has violated the ordinance, Ablan said, the ordinance is not a de- terrent. A "difference in wording does not• suggest that the city s!stute is more restrictive than the state statute," said Asst. City Atty. Kenneth Peterson. Peterson said it is the duty of municipalities to legislate in the interest of the public's health and safgty. Some areas of law need both state and local regula- tions ,and, concern, Peterson said. "It is a municipal duty to have regulations for the protection of life and property against the dangers and hazards of fire," Pe- terson wrote in his brief.. Petersots said the ordinance does not prohibit smoking, but prohibits it if it causes fire to persanal property or buildings. "The city ordinance in ques- tion does not prohibit the act of smoking, but rather the act of smoldng in such a way to violate the rights of others," Peterson- wrote- Chojnac3ci ruled it was within the city's power to adopt such an ordinance, that it was constitu- tional tional and that his court does have jurisdiction. :0