A local bar owner announced he will take Madison's smoking ban to the Dane County Circuit Court to present his case to a jury. The announcement came after a municipal court found the bar owner, David Wiganowsky, guilty Friday of violating the city's no-smoking ordinance.

Wiganowsky, a Dane County Supervisor and co-owner of Wiggie's Food and Spirits on Madison's east side, allegedly allowed patrons to smoke in his bar on two separate occasions and failed multiple compliance checks.

Assistant City Attorney Marci Paulsen said Wiganowsky could be facing up to $625 in fines, plus additional court costs. But despite repeated violations of the ban, Wiganowsky will not receive any fines until March 1 in case further violations occur.

Though Wiganowsky admitted he was never a supporter of Madison's smoking ban, he said any violations were out of his control, and his staff, from management to hourly employees, did nothing wrong.

"Yes, I have always been an opponent of the smoking ban, and no, I do not smoke," Wiganowsky said. "I think [the ban] is a violation of my constitutional rights as well as my patrons'."

But despite Wiganowsky's assertions, the jury hearing the case would be asked to determine whether the law was broken, not whether the smoking ban and its enforcement is valid.

Paulsen argued Wiganowsky did break the law because he easily could have taken more action to assure patrons would adhere to the smoking ban. Since the bartenders were the ones presumably serving drinks to the smokers, Paulsen added, disciplinary action should have been taken against those bartenders as well.

"I think [the bartenders] should have been disciplined, and it's up to Mr. Wiganowsky to decide what that discipline is," she said. "But it should be something other than just talking to them. He talked to them twice, and it obviously didn't do any good since [violation of the ban] continues to happen."

The smoking ban requests a "reasonable effort" from owners to enforce the ban, and Wiganowsky maintained his effort of putting up signs informing patrons is effort enough. Furthermore, he added, when a patron begins smoking in his bar, he cannot stop them without creating more tension and problems.

"I have told my bartenders about the ban and instructed them, but also told them not to jeopardize their health and welfare to cause a commotion," Wiganowsky said.

But Paulsen said restaurant and bar owners are instructed to call the Madison Police Department when there is a problem with patrons violating the smoking ban so that officers can settle disputes.

Wiganowsky, however, argued a case of too many police calls is also grounds for reviewing and possibly revoking an alcohol license.

The bottom line, he added, is an owner of the bar in violation is not the only one responsible for the situation.

"If you read the ordinance, it says the smoker, bartenders or the owner might get a ticket," he said. "I think when the jury looks at the case and listens to the evidence, they will see who is responsible for breaking the law."