Restaurant owner says he will fight 15 smoking citations

Restaurant owner says he will fight 15 smoking citations

Alamogordo man owes $6,800 in fines

ALAMOGORDO — An Alamogordo restaurant and bar owner has pleaded not guilty to more than a dozen charges of violating the state’s new smoking ban, and he vows to continue letting his customers light up.

Earlier this month, Henry Smith — owner of the Grubstake Steakhouse — was cited 15 times in a week for violating the smoking ban, which took effect in June and prohibits smoking in bars, restaurants, stores and most other indoor workplaces.

Smith appeared in Magistrate Court on Friday and entered his plea.

Smith said he has no space where smoking is not permitted at his business, and that it’s his choice to do so. He argued that the smoking ban is confusing and self-contradicting and that Otero County sheriff’s deputies don’t even understand it.

According to Smith, one section of the act mentions posting smoke-free signs in areas were smoking is prohibited and smoking permitted signs in those areas where smoking is allowed.


“I chose to make the entire building a smoke place, and under the law we can do that,” Smith said.

Smith also accuses sheriff’s deputies of violating his constitutional and civil rights. He said by coming onto his property without a warrant and carrying firearms into his bar, the deputies themselves are breaking the law.

Smith told the Alamogordo Daily News that he’s circulating a petition against the sheriff’s department.

Otero County Undersheriff Norbert Sanchez told the Albuquerque Journal in a copyright story published Saturday that he expects deputies to continue dropping by Smith’s restaurant — which he described as a public place — to enforce the law, whether they receive complaints or not.

“We don’t have any choice but to continue to enforce the act,” Sanchez said.

Cheryl Ferguson, spokeswoman for New Mexicans Concerned About Tobacco, said Smith is misinterpreting the law. She said none of the law’s exemptions — such as private residences, cigar bars, casinos, bingo parlors and private clubs — apply to Smith’s restaurant.

Edwina Reeves, coordinator of the Otero County Tobacco Education Coalition, said local businesses are all complying with the state law, if reluctantly in some cases.

“People say, ‘I didn’t like it, but the law is the law, and if we have to abide by it, so should (Smith),’ ” she said.

In a 2002 referendum, Alamogordo residents voted down a municipal proposal to ban smoking in public places.

The Journal reported that Smith faces a fine of $500 for each offense after the second in a 12-month period. Currently, he’s facing $6,800 in fines for the 15 citations.
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