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Kickback Jack's goes to court to appeal smoking fines

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By Jim Ware
Jim.Ware@StarNewsOnline.com

WILMINGTON, NC (StarNewsOnline.com)-- The owner of the Kickback Jack's in Wilmington has asked the New Hanover County District Court to reverse the county board of health's decision to uphold fines against the restaurant for violating state smoking laws.

In a petition for judgment filed with the court on Thursday, Battleground Restaurant Group of Greensboro also asked the court to rule that Kickback Jack's smoking area is not an enclosed area. It is against state law to allow smoking in enclosed areas of restaurants.

Battleground on June 6 appeared before the board of health to appeal $1,200 in fines levied against it by the New Hanover County Health Department.

Click here to read more at StarNewsOnline.com

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This level of government

This level of government intrusion into a private business is inexcusable.

Really?

You are all idiots. It's not enclosed. If it was then why do the bartenders and waitresses freeze when its cold outside, sweat when its hot, and sometimes even get rained on??? Besides the entire patio is set up with a separate ventilation system to keep it separate from the main restaurant. It's not like the only bar in the building is outside and you have to be subjected to cigarette smoke to be able to get a gin and tonic. You don't ever even have to go that way if you don't want to. So exactly why the hell does it matter to you patrons one way or the other??? It's not hurting your wallets but you know who it is, the people who work there. The ones who aren't complaining about it. If it doesn't effect you directly, shut up!

Yes really

What ever you say Jack. I've been out there when people are smoking and it absoutely sucks! That place is way too enclosed to be smoking. And I'm pretty sure that cigarette smoke is bad for the people workng there.

And BTW your childish insults and comments make you sound like an angry 10 year old.

pfft

How about NOT going out there if it sucks so bad? Is the rest of the place not big enough for you?

pfft

Well, I DO go there now since there is no smoking. And besides you've missed the point. Das wei-U-b-stuck.

Only and idiot would have a

Only and idiot would have a "separate ventilation system" for a non-enclosed space. Who's the idiot, idiot?

smoking

there is no excuse for a restaurant where the general public is to allow smoking

...but it is an enclosed

...but it is an enclosed area. Shut it down!

It's not enclosed at all.

It's not enclosed at all. The windows and doors stay open. You go stand behind that bar in the middle of winter and tell me that that area is enclosed...when it rains and the wind blows it in the window....enclosed still?? You have obviously no idea what you are talking about

smoking

this is one time I hope the law is upheld to keep no smoking in restaurants.

kbj's

There little patio is not enclosed, someone is an idiot.

kbj's

Yea and it's you. They're not referring to the little patio outside, they're referring to the "outer" bar area, which has three solid walls, one wall of windows and a roof. Which makes it pretty darn enclosed.