Friday, April 2, 2010

Chicago Criminal lawyer hates the smell of cigarette smoke but doesn't think it's a crime

This Chicago Criminal lawyer realizes she’s become even more sensitive to cigarette smoke since the ban went into effect in Illinois bars and restaurants. Even with my sensitivity to smoke no one should face criminal charges for smoking at an Illinois Bar.

People of the State of Illinois v. Kane, No. 3-08-1008:
The State charged defendant, Kathleen Kane, with violating section 15 of the Smoke Free Illinois Act (the Smoke Free Act) (410 ILCS 82/15 (West 2008)). Defendant filed a variety of motions attacking the manner in which she was prosecuted, the charging instrument, as well as the constitutionality of the Smoke Free Act. The circuit court of Will County denied those motions. Defendant was convicted following a jury trial.

Notably, section 50 of the Smoke Free Act provides that a circuit court may "enjoin violations" of the Smoke Free Act for repeated violations. 410 ILCS 82/50 (West Supp. 2007). Clearly, the circuit courts have subject matter jurisdiction regarding matters that arise under the Smoke Free Act.

Does this mean that the State, as here, can charge one with violating the Smoke Free Act in a criminal court proceeding? We think not.
I’m glad that was straightened out but can you believe the resources that were expended in charging the defendant, then having a jury trial, then the entire appeal process to vacate the right results. Somehow, I doubt Ms. Kane is smoking anywhere in the public, although she is vindicated I doubt she thinks smoking in bars is worth it.

No comments:

Post a Comment