WEST FRANKFORT - A call from authorities hasn't halted one West Frankfort man's plans to host a peaceful protest against the state's recently implemented Smoke-Free laws.

John Hemminghaus has been passing out flyers and making phone calls to invite as many people as he can reach to a March 1 event he is calling a "Smoke In."

"This country was founded on civil disobedience," Hemminghaus said in a previous interview. "It has gotten to where, now, people are afraid to get into trouble. It kind of makes me mad that everybody has turned into cowards."

Monday afternoon, Hemminghaus said he was recently contacted by Williamson County State's Attorney Chuck Garnati in regards to his plans.

"Chuck said I would be taken into custody and get a $2,500 fine," he said. "Nobody I know can find where anybody in Illinois has been arrested yet."

Hemminghaus owns Wounded Rig Inc. - a boat fiberglass and gel coat repair shop - located on Illinois 37, just south of West Frankfort, although he falls under the jurisdiction of the Williamson County Sheriff's Department.

He said Garnati told him that law enforcement would be present at his event if he couldn't be talked out of hosting the rally.

Hemminghaus said he cannot be persuaded to back down and instead called the Illinois Smoker Rights organization and also contacted a national smoker rights group.

As for fines and punishment he might face, Hemminghaus said he will skip vacation to spend his money on the cause he backs, even though he stopped smoking about five years ago.

Beverly Irvin of Orient, a smoker, said she fully backs Hemminghaus' attempts to bring to light the injustice that has been inflicted upon businesses owners.

"It's a good idea," she said. "That man owns his business and he should be able to do what he wants, anyways. I think it's good."

Hemminghaus said others are also on his side, including several other non-smokers. The man is so determined to have his point heard he has posted a large sign in the front yard of his business, which reads "My Place, My Choice, Smoking Allowed."

In a previous interview, Adrienne Herron, Franklin-Williamson Bi-County Health Department tobacco prevention coordinator, said an educational letter is first sent to business owners when a complaint is filed.

Herron said a second complaint calls for a second warning letter and the option of making a visit to the establishment. A third complaint makes an establishment subject to citation, Herron said.

Herron and officials with the Illinois Department of Public Health did not make any reference to arrests stemming from non-compliance with the new state law.

Hemminghaus said he has already lodged an official complaint against himself, with state officials but wants patrons to know he plans to host the protest in a peaceful manner.

The event is scheduled for March 1 at noon, at Wounded Rig Inc.

Garnati and Williamson County Sheriff Tom Cundiff were unavailable for comment Monday.

tara.fasol@thesouthern.com

351-5824