Topeka Smoke Shop/Bar Owner Cited

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Posted: 10:49 PM Jan 20, 2010
Last Updated: 10:49 PM Jan 20, 2010
Reporter: 13 News

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Topeka (WIBW) - A man who's using creative means to get around Topeka's smoking ban was issued a citation Wednesday night.

Hot Pockets owner Jim Sulwaski says four Topeka Police officers came into his business just before 6:30 pm and cited him for violating the city's indoor smoking ban. He says he was standing behind the counter of the smoke shop portion of his business at the time.

Sulwaski contends that while a portion of his business is a bar, a taped off area is a smoke shop and the ordinance has an exception for smoke shops.

Sulwaski smoked a cigarette while talking to 13 News about the situation Wednesday. He called the $50 citation "bogus" and says he will fight it.

Topeka's City Attorney issued an opinion in December that Sulwaski's actions violated the ban.

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Posted by: imakansasenigma Location: Topeka on Jan 21, 2010 at 02:36 PM
I don't see why we just cant take a page from KC where a business can pay a 250 dollar annual fee to allow smoking in their establishments. This is so stupid to be fining Hot Pockets. If you don't smoke and don't want to be around others smoking then don't go in there. It's about choices. I don't drink and can't stand the smell of alcohol so I made a choice not to go to bars or sit in bar sections of restaurants. It's that simple. If you don't like it then don't go there. Pres. Obama admits he used to smoke he publicly gave up the habit, per his wife’s request, to run for president (source is ABC News). What would people say if a law passed that alcohol could not be sold in restaurants, concerts, games,or bars anymore cause that leads to drinking and driving which is illegal and could lead to death of innocent bystanders who are on the roads driving legally. This smoking ban is stupid. What next you can't smoke in your own home because other people are there?

Posted by: anonymous on Jan 21, 2010 at 02:06 PM
I understand the fear people are expressing about rights being taken away but do smokers have the right to take other peoples lifes? Yes if we don't like it at Hot Pockets we don't have to go there but how long before more place follow Hot Pockets loophole? Personaly I hope this loophole don't get excepted or the whole no smoking ordinace will fall apart. I feel there's more people against smoking than for it !!!!

Posted by: Yvonne Location: Kansas on Jan 21, 2010 at 01:32 PM
I am not a smoker, but I feel that a business should have the decision to allow smoking/no smoking. Those of us that do not smoke and do not want to be by it, then we have the choice to go elsewhere. I just think that it is a shame that TPD can write tickets for smoking, but they are not out in the morning or afternoon giving tickets to these people that are speeding through these school zones and kids have to watch out for cars and not the other way around. Once again TPD, go fight real crime and go where you are needed. You must of did not have doughnuts, chinese/japenese food/or any sub-sandwiches.

Posted by: Anonymous Location: Wichita on Jan 21, 2010 at 12:53 PM
This man was trying to get around the law and was being irresponsible. Now he needs to be held responsible and accept the consequences. By the way, smoking is harmful and taxes on cigarettes are long over-due for an increase.

Posted by: jerry Location: topeka on Jan 21, 2010 at 12:29 PM
the city is not going to be happy til they closed them down. and turn the building in to a vacant lot won't that be nice. city of topeka try to collect sales tax dollars off that brain dead. bussiness are leaving topeka fast eoungh without all this. and the city talking about doing something with downtown topeka. well look at the picking on bussiness is someone holding a gun to your head making you go into hotpockets no. find something wrong with tiltons and you will have the whole block city of topeka.

Posted by: Momto4 Location: Topeka on Jan 21, 2010 at 10:46 AM
I believe that I have a right to have clean air but I don't think that smoking should be banned from bars! I mean beer and smoking isn't that the point in a bar? I can understand banning it from certian places but not from the bars.

Posted by: Carol Location: Topeka on Jan 21, 2010 at 09:37 AM
I can understand Jim's frustration with the ordinance...it seems that a handful of people hav edecided what is best for rest of Topeka. Slowly but surely our freedoms are being taken away on the pretense it is in the best interest of the majority. There will come a time when something the non smokers feel fervently about that will be taken and then they will understand.

Posted by: anonymous Location: Topeka on Jan 21, 2010 at 08:31 AM
I get the whole fact of people has the right for clean air. But I do think it is up to the business and not the government. IF people are non smokers than they can just leave the business no one is making them stay there. I am a non smoker. I think it is one more way for the city to get money by fining people. A say Jim good luck, get OSHA (there pretty big and widly known) in there as far as I know they are a non profit organzation that will come out and check it out so you have a second opinion. Goverments that have people come in and have people check air quilty pays them, so in all means they will say it is not good. when the other party should have a second person opinion on it. Form a non smoke to another get over it and stop cryin like a baby I sure you know someone that smokes and you are around them when they do it. any more people and business will not have rights to do anything,.. one day we will have to ask to go to the bath and if we dont we will be fined...lamos..lol..

Posted by: Anonymous on Jan 21, 2010 at 07:55 AM
Plain and simple, smoking ban is a violation of my civil rights

Posted by: Anonymous Location: Topeka on Jan 21, 2010 at 12:02 AM
About time, have fun trying to defend this Jim,....hahah, still this should never be a story on here or the in the CJ, Sulwaski's 15 mins of shame are over.