Kerry Ellison says it's time to test Kanawha County's six-week-old smoking ban.

At 4 p.m. today, Ellison plans to open the doors of The Black Hawk Saloon in Charleston, put out 24 new ashtrays and allow his customers to light up - in violation of the Kanawha-Charleston Health Department's anti-smoking regulations, which took effect six weeks ago.

"It's smokers' day," said Ellison, whose bar is at 100 E Point Drive, across Kanawha Boulevard from the Charleston Moose Club. "I'm willing to throw myself under the bus to find out what the Health Department is going to do."

Ellison said competing bars in the area have flat-out ignored the new rules, letting their customers puff away and stub out their cigarettes in ashtrays disguised as beer cans.

Ellison has repeatedly called the Kanawha-Charleston Health Department to complain about his competitors, yet nothing is done, he said.

The regulations, which took effect July 1, prohibit smoking at bars, gambling parlors and the Tri-State Racetrack & Gaming center in Nitro.

Despite a flurry of complaints about bars violating the ban, the Health Department has issued only three warnings, and no businesses have been fined.

This week, Ellison took out newspaper advertisements, urging smokers to come to his bar and light up. "Come make your voice heard!" the ad exclaims.

Ellison said it's not his way to sneak behind the Health Department's back.

Kerry Ellison says it's time to test Kanawha County's six-week-old smoking ban.

At 4 p.m. today, Ellison plans to open the doors of The Black Hawk Saloon in Charleston, put out 24 new ashtrays and allow his customers to light up - in violation of the Kanawha-Charleston Health Department's anti-smoking regulations, which took effect six weeks ago.

"It's smokers' day," said Ellison, whose bar is at 100 E Point Drive, across Kanawha Boulevard from the Charleston Moose Club. "I'm willing to throw myself under the bus to find out what the Health Department is going to do."

Ellison said competing bars in the area have flat-out ignored the new rules, letting their customers puff away and stub out their cigarettes in ashtrays disguised as beer cans.

Ellison has repeatedly called the Kanawha-Charleston Health Department to complain about his competitors, yet nothing is done, he said.

The regulations, which took effect July 1, prohibit smoking at bars, gambling parlors and the Tri-State Racetrack & Gaming center in Nitro.

Despite a flurry of complaints about bars violating the ban, the Health Department has issued only three warnings, and no businesses have been fined.

This week, Ellison took out newspaper advertisements, urging smokers to come to his bar and light up. "Come make your voice heard!" the ad exclaims.

Ellison said it's not his way to sneak behind the Health Department's back.

"I am what I am," he said. "If they're going to fine me, let them fine me. Let the cards fall where they may."

Like other bar owners, Ellison said the smoking ban has hurt his business. He estimates that 75 percent of his customers smoke.

"It's affecting my bottom line," he said.

Health board member Steve Weber said department sanitarians would likely issue a warning to The Black Hawk Saloon today, then leave the bar. Ellison's patrons won't be forced to stub out their cigarettes on the spot.

If Ellison continues to allow smoking, however, sanctions could follow, Weber said.

Bars and gambling parlors face fines of $200 to $1,000 if they're found guilty of violating the smoking ban in Kanawha County Magistrate Court.

Ellison said he looks forward to challenging a possible fine. He wants to show a judge how the smoking ban has negatively affected his business.

"I'm a crazy bastard," he said. "We're going to do this thing and see how it plays out."

Reach Eric Eyre at erice...@wvgazette.com or 348-4869.