The question isn't whether to smoke or not, but rather, if people do smoke in public, what can be done and who will be there to hold them accountable?

In Williamson County, the confusion has cleared along with the smoke after State's Attorney Chuck Garnati recently spoke out about the Smoke-Free Illinois law.

Garnati had a press conference recently to address a smoke-in demonstration to protest the law, which went into effect Jan. 1 and bans any public establishment from allowing smoking.

During that conference, Garnati said he would not allow the police departments and local health officials to have the last word in issuing citations for public smoking.

"My job is not to decide whether the laws are a good idea or a bad idea," he said. "I agree that the law is poorly written. It needs to be fine tuned."

Part of that fine tuning, Garnati said, would include adding regulations on enforcement.

"In Williamson County, I'm not just going to let a police agency or (Franklin-Williamson Bi-County Health Department) walk in and say, 'You're in violation,' and fine you," Garnati said. "If they are cited for a violation, they can come up to the courthouse."

Garnati said those receiving citations will be allowed the same judicial process as anyone else.

"I want people to know I'm going to be fair to them," he said. "Their due process rights will be given to them."

Gary Duncan, Jefferson County state's attorney, said he agrees the law leaves much to be desired.

"I think all lawyers who read it are in agreement that it is ambiguous about how it can be enforced," Duncan said. "We rely on voluntary compliance."

Duncan said he has no intention of taking the matter to court.

"In the short run, we would be using enforcement in court as a last-resort mechanism," he said. "Enforcement in the circuit court would be a very cumbersome process and one that I suspect most police departments and state's attorney's offices are not going to be able to divert substantial resources to. I think we are all positioned in a similar way, awaiting instruction."

Duncan said he agrees with Garnati's read on the law, in regard to his thinking that wordage gives law enforcement the final say on ticketing.

"The original is very ambiguous," he said. "I think the legislators will have to address the specific enforcement."

Bill Wilson, Franklin County sheriff, said he has chosen to simply be patient.

"Nobody is really doing anything at this time, as far as the enforcement end of it," he said. "I know some of the state's attorney's, without any enforcement perimeters, don't know what to do and have kind of left it out there in left field."

Wilson thinks most agree playing the waiting game is the best decision.

"I guess we could make stuff up on our own but that wouldn't be right," he said. "They need to establish some effective regulations that we can follow."

tara.fasol@thesouthern.com

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