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Bar Owner Wants Jury Trial In Smoking Case

POSTED: 8:23 pm CDT April 23, 2007
UPDATED: 8:47 pm CDT April 23, 2007

A bar owner is asking for a jury trial after being accused of violating the no-smoking ordinance in Lee's Summit.

Mike Morrow, owner of the Peanut, was cited in December after the city's no-smoking law went into effect. He said the smoking ban cost him business and $400 in fines.

"It's not even about the $400 -- it's the idea they convicted me without any facts for ridiculous things," Morrow told KMBC's Bev Chapman.

The Peanut has outdoor seating where customers can smoke. But Morrow said the problem started because he needed to empty a dirty ashtray that was left on the bar.

"If you follow the law, I can't empty an ashtray. I guess I'm just supposed to dump the crap in the alley," Morrow said.

Morrow went to the Jackson County Courthouse on Monday to ask for a jury to consider his case.

"It's such a hot issue everywhere in the country. It's real tough for a judge to rule in favor of smoking, even if it's the right thing to do. So, we're going to appeal to people to do the right thing," Morrow said.

Meanwhile, Morrow said he's complying with the law and doesn't allow smoking inside the bar.

A prosecutor said the Peanut was repeatedly counseled about its violations before the owner was cited.

Chapman reported that Morrow is involved in three separate lawsuits involving smoking laws in Lee's Summit. He will be back in court in June.

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