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WILMINGTON, NC (STARNEWSONLINE.COM) — When is a wall not a wall?

That was the main issue Wednesday when Battleground Restaurant Group Inc. appealed $1,200 in fines levied against it by the New Hanover County Health Department for violations of the state law that prohibits smoking in a restaurant.

Greensboro-based Battleground opened one of its new Kickback Jack’s restaurants in January in the location of the former Rockola Grille – also a Battleground restaurant – at 418 South College Road.

As part of the restaurant design, the company included a smoking area on the south end of the restaurant, separated from the main dining area by a wall.

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Comment on this Story

  • Guest John Difloure

    This is a perfect example of “government run amok” Some 2-bit employees are putting their personal beliefs to what the legislature never intended. This doesn’t protect people.

  • big willie

    this story has made my decision.

    never ,ever, will i go there!

  • Guest757

    Do you really think anybody cares if you go there or not.. please

  • Leland Gal

    No smoking means no smoking. Some people enjoy a evening out with the smoke and smell. If you want to smoke go to your vehicle and light them up with your windows closed. Ask your friends who have given up the habit what they think of the smell now that they aren’t smiking anymore. Thanks

  • SurfCityTom

    of Battleground Restaurant Group, Inc and Battleground Restaurant Group of the Southeast, Inc. must have more money than sense.

    TO get into a contest over words and definitions with the agency that issues health ratings and performs inspections seems rather foolish.

    But they’ve been around since the 1990s; maybe they’re friends with former President Clinton. He had some unique definitions for certain issues. I believe part of his defense revolved around the definition of is.

    Knowing the use of cigarettes is so harmful to one’s health, why would anyone smoke.

    So why not go all out and establish outside seating for smokers; then they can get the full monty from cigarettes and vehicle exhaust.

  • Das Weibstück

    You sit inside munching on healthy hamburgers and drinking super healthy alcohol.

  • Guest2264

    I say let ’em do it! If you don’t want to be near smokers, sit on the other side of the wall! The idea sounds like a refreshing change from sitting inside totally enclosed!

  • Abby

    It’s called a smoking ban that is why. With them smoking outside mean those who don’t smoke have to sit inside. Some of us are allergic and have asthma real bad. Smoking doesn’t help us.

    We deserve the right to go out to a restaurant and have a good time sit where ever we want to.

    I am glad they finally got fined.

  • Guest2020

    I’ve always thought that the smoking ban was a great overreach of authority by the government. I do not smoke. I can’t stand the smell of it. It aggravates my sinuses and oftentimes it triggers a migraine, but I don’t have to go to restaurants or bars that allow smoking. I don’t think that hospitals and grocery stores should allow smoking, but it should be up to the private, business owner, not the government.

  • Guest757

    Oh Please get a life….

    I am so very tired of people trying to tell everybody how to live their life…

    PS I am a non smoker too..

  • Guest611

    You have an option not to go to resteraunts that offer a smoking section. The resteraunt should be able to decide whether they want to risk their customer base by offering a smoking section.

  • SurfCityTom

    habits have no negative impact on anyone seated near me.

    Other than an attempt to cloud the issue or take a shot at Surf City, what was your point?

    Are you trying to claim all of the documented health research concerning second hand cigarette smoke was in error?


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