Sports bar owner
cleared of contempt KERIBRENNER THE
OLYMPIAN
OLYMPIA - Sports
bar owner Frankie Schnarrs was cleared Friday of
complaints by Thurston County that he violated an
injunction enforcing the state's anti-smoking law
by allowing customers to light up inside his
tavern.
"It's just sad
that I have to be here," Schnarrs said after
Superior Court Judge Anne Hirsch denied the
county's motion to order Schnarrs in contempt of
court. "I'm being challenged every day by fire
officials, police officials and the court. All I'm
trying to do is run a business."
Hirsch said that although "clearly,
Schnarrs needs to comply with the state law," the
county had not produced sufficient evidence to
prove that he had deliberate intent to violate the
Dec. 29, 2006, permanent injunction. The
injunction, filed April 7, 2006, on a temporary
basis, ordered Schnarrs to comply with the state's
ban against cigarette smoking inside public
places, approved by voters in December 2005.
"The county tried to prosecute my client
for criminal contempt through a civil process,"
said Schnarrs' attorney, Shawn Newman. "They tried
to make an example of my client because he's been
outspoken on this issue."
County environmental health specialist Dale
Tahja, who investigated the case, said Schnarrs
was the only proprietor in the county who still
was not compliant with the state anti-smoking law.
Tahja said he received a citizens complaint
Jan. 10 about customers smoking inside the bar, as
well as two similar reports by an off-duty county
building inspector and code-compliance officer
Jan. 19 and Jan. 26. In addition, Tahja said he
did not see the required "no smoking" sign when he
visited Schnarrs' tavern Jan. 11.
"Clearly, he didn't get the message,"
Deputy Prosecuting Attorney Jane Futterman told
Hirsch on Friday. Futterman had asked the judge to
impose fines against Schnarrs of $100 per day
dating to the Dec. 29 injunction, or $7,500.
Newman argued that Schnarrs fired one of
his bartenders for smoking and for not enforcing
the smoking ban on customers.
He added it was impossible for Schnarrs to
be at the bar every minute.
"Just because someone was seen smoking
inside the bar, doesn't mean my client violated
the law," Newman said.
In February 2006, Schnarrs was quoted in
The Olympian as saying he would openly defy the
state law by placing ashtrays at his bar. He
complained then that the law had caused a 50
percent drop in business.
On Friday, he said he is complying with the
law and has applied to the county for permission
to install special smoking rooms inside the
tavern.
Schnarrs also said he is acting as a
consultant for a new restaurant and bar on Squaxin
tribal trust land along Steamboat Island Road.
The establishment would share a
3,500-square-foot building with the new home of
Skookum Creek Tobacco Outlet Store, scheduled to
open soon.
KeriBrenner covers Thurston
County and Tumwater for The Olympian. She can be
reached at 360-754-5435 or
kbrenner@theolympian.com.
Copyright, 2007, The Olympian, All Rights
Reserved.
