Does wall defy C.P. ban on smoking?

Lake County officials divide cafeteria, trigger complaint

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CROWN POINT | Crown Point police have received a complaint about a wall installed in the Lake County Government Complex's cafeteria that creates a smoking section, but county officials said they are following city ordinance.

Police said the complaint was forwarded to the Lake County commissioners since the wall is in their building.

Crown Point put into effect a smoking ordinance in April that outlaws smoking in all enclosed public places except for bars, private clubs, private residences, retail tobacco stores and designated hotel and motel rooms. Complaints that a business or building is not following the ordinance go to Police Department.

The city's smoking ordinance also discusses the prohibition of smoking in places of employment and says smoking isn't allowed in all enclosed areas. Along with specifically listing cafeterias, the ordinance also includes elevators, hallways, stairs and restrooms.

Commissioner Gerry Scheub, D-Schererville, said the wall has been installed for a few months, and, while he heard of many complaints about smoke in the cafeteria before the wall was built, he hasn't heard of any since its installation.

He said the commissioners passed an ordinance that allowed the wall, separating the cafeteria into two rooms. The smoking room has two doors, one to the rest of the cafeteria and one into a hallway, and is ventilated, he said.

Lake County Attorney John Dull said the county cleared the wall with Crown Point City Attorney David Nicholls.

"We haven't had a complaint and believe it meets the city's ordinance," Dull said.

Nicholls, who did not draft the ordinance, said he and Dull exchanged e-mails about the topic, and the county was creating a "smoke shop."

"If it's a smoke shop, and there's a solid wall separating (it from the rest of the cafeteria), then it's a separate entity," Nicholls said.

While retail tobacco stores are exempt from the ban, no one was selling tobacco or cigarettes in the room Friday afternoon.

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