Defy smoking ban, veteran urges post
An Ottumwa veterans group leader is vowing to defy state officials who plan to yank the liquor license at the city’s Veterans of Foreign Wars Post.
Denny Whitson, a Vietnam War veteran, said Wednesday that he regards a statewide smoking ban as unconstitutional. He is urging the 460 members of VFW Post No. 775 to continue smoking and drinking after a liquor license revocation takes effect for repeated violations of the no-smoking law.
“It’s entirely up to the membership of the club. But as far as I am concerned, if they revoke our liquor license, the members can come in and bring their own bottle if they want. They can smoke and drink, but we won’t have employees,” Whitson said.
The state’s smoking ban covers most public places. But private clubs are exempted only by meeting specific requirements.
Lynn Walding, administrator of the Iowa Alcoholic Beverages Division, said Wednesday that a club could allow its members to bring their own beer and wine for consumption without a state liquor license, assuming it wasn’t prevented by a city ordinance. But they cannot bring liquor for consumption without a license, he said.
A state order was issued this week to revoke the Ottumwa post’s liquor license for “an ongoing pattern and practice of noncompliance” with Iowa’s Smokefree Air Act, which has been in effect since July 1.
The club “intentionally conducted business” in violation of the smoking ban, Administrative Law Judge Margaret LaMarche ruled Tuesday. Law enforcement officers and other investigators who visited the club repeatedly observed people smoking or smelled smoke and found ashtrays in the club, state officials said.
Last week, state officials shut down liquor sales at Otis Campbell’s Bar & Grill in West Burlington in the first case of an Iowa tavern losing its alcoholic beverage license for refusing to comply with the law.
The issue of allowing smoking in a private club is complicated, Walding said. Private clubs are exempted from the smoking ban only if they have no employees. They must also meet a list of other requirements, such as being operated solely for a fraternal or patriotic purpose.
There are other complicating circumstances at the Ottumwa post. State VFW officials last month removed Whitson as commander of Post 775 for violating the organization’s bylaws, which require compliance with state laws, Jerry Frederiksen, the state VFW’s adjutant quartermaster in Des Moines, said Wednesday.
But an unapologetic Whitson said he remained in charge, and a reporter who called the club was referred to him. Whitson said the vast majority of the post’s membership remains behind him and he expected to be retained as commander in new elections Wednesday night.
The liquor license revocation is scheduled to take effect May 13, although the post could delay it by appealing. That is likely, Whitson said.
Iowa Attorney General Tom Miller on Wednesday pledged his support for enforcing the smoking ban.
“Liquor license holders are obligated to obey all Iowa laws as a condition of their privilege to hold a license. We are determined to enforce this new law — because it is the law and because it saves lives,” Miller said
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