Smoking area fight renewed at the Do Bar

A new layer to the debate over designated smoking areas at bars and casinos has been established through a new legal battle between the Do Bar and the Cascade City-County Health Board.

Totem Beverages Inc., which does business as the Do Bar, filed an application for a temporary restraining order late Tuesday against the health board in response to a cease-and-desist letter issued by the health board in January.

In the letter, the health board ordered that activities that “allow, encourage and/or permit active smoking within the Do Bar” be halted immediately. The letter indicated a 14-day compliance period, which ended Tuesday.

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According to the letter, a health board designee confirmed active smoking was taking place Dec. 29.

Presiding District Judge John Kutzman was assigned the case Wednesday morning. An emergency hearing was held before Kutzman on Wednesday afternoon, during which the judge did not grant the TRO or grant any conjunctive relief.

A preliminary injunction hearing was set for Feb. 19, but Gregg Smith, attorney for the plaintiff, said they may proceed straight to fighting the underlying issue of the health board’s revised regulations regarding smoking shelters adopted last June.

“This case is not about the Clean Indoor Air Act,” said Smith, explaining that there have been no complaints filed with the state regarding smoking at the Do Bar.

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Smith went on to say that this issue with the patio at the Do Bar is separate from the previous suit filed by bar owners regarding “smoke shacks.”

The filing indicates multiple inspections of the Do Bar and its patio have taken place since 2012.

“We never had any indication this was a problem until two weeks ago,” Smith added.

Smith said that his understanding, following Wednesday’s hearing, is that his clients will put a stop to smoking on the patio until the issue is resolved.

Andrea Fisher is the crime and breaking news reporter for the Great Falls Tribune. Reach her at anfisher@greatfallstribune.com. Like Facebook.com/gftrib_andrea and follow @gftrib_andrea on Twitter.