WEST FRANKFORT - When all else fails, West Frankfort resident Jon Hemminghaus calls for some good ol' "civil disobedience" to get things back on track.

"This country was founded on civil disobedience," Hemminghaus said. "It has gotten to where, now, people are afraid to get into trouble. It kind of makes me mad that everybody has turned into cowards. I don't smoke but if everyone would stand together on this one ? just like seat belts, if everyone would have stood up on that we wouldn't have to wear our seatbelts."

Hemminghaus owns Wounded Rig Inc. - a boat fiberglass and gel coat repair shop - located on Illinois 37, just south of West Frankfort.

He said conversations with people regarding the new smoke-free laws prompted him to make a sign that he now proudly displays right off the highway.

"My Place, My Choice, Smoking Allowed," it reads.

"I don't smoke cigarettes," he said. "I used to smoke but I quit five years ago. I don't think it's right they are telling me what I can do in my own place. I bought and paid for that place. If somebody wants to come in and smoke a cigarette they are more than welcome to it."

Hemminghaus said he put up the sign and then started passing out fliers to invite the public over for a "Smoke In" at noon March 1.

"They started putting these signs up that says no smoking," he said. "I thought I might make mine big enough and put it out there on the highway for everybody to see."

Controversy has come about, since the law went into effect, over who is the official enforcement agency. Illinois Department of Public Health officials said they receive complaints about establishments that are not in compliance and they forward those complaints to local health departments.

In a previous interview, Adrienne Herron, Franklin-Williamson Bi-County Health Department tobacco prevention coordinator, said an educational letter is first sent to business owners when a complaint is filed. The letter includes details of what the complaint entailed.

Herron said a second complaint calls for a second warning letter and the option of making a visit to the establishment.

The third complaint makes an establishment subject to citation, Herron said.

"Actually, I called in a complaint against myself today," Hemminghaus said. "I talked to about 50 people that said they would be here. We just want them to come and have one cigarette. If they want to come write me a fine, they can write it. But I won't pay it. I don't think they will ever collect one."

Hemminghaus said the event is meant to be a peaceful demonstration, just as he is allowed under the First Amendment to the U.S. Constitution, he added.

"We aren't going to have any trouble," he said. "There is no place for that. You can have a peaceful demonstration and still be against their ideas."

tara.fasol@thesouthern.com

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