Bar owners dared the Kanawha-Charleston Health Department to cite them for violating the expanded smoking ban this week, but the agency didn't take the bait.

The Health Department issued no warnings or fines against about a dozen bars that defiantly encouraged their customers to smoke in violation of the county's clean indoor air regulations, which took effect July 1.

"We didn't want to feel like we were being called out to a duel," said health board President Brenda Isaac. "We will be making unannounced inspections on a schedule. Our staff won't hesitate to issue citations."

Kanawha County bar owners have repeatedly criticized the smoking ban, citing a decrease in alcohol and video lottery sales.

Some bar owners have vowed to continue violating the ban until the Health Department takes them to Kanawha County Magistrate Court, where businesses face fines of $200 to $1,000, if found guilty.

The Health Department employs seven sanitarians who are responsible for inspecting hundreds of Kanawha County restaurants and bars for health infractions, including smoking violations.

"They have quite a lot of work to do besides enforcing clean indoor air regulations," Isaac said.

Earlier this week, Kerry "Paco" Ellison, who owns the Black Hawk Saloon in Charleston, announced he would allow smoking at his bar. Other bar owners did the same to show support for Ellison.

The protest didn't surprise Isaac.

"This is exactly the sort of civil disobedience you see everywhere they pass a clean indoor air act," Isaac said.

Bar owners dared the Kanawha-Charleston Health Department to cite them for violating the expanded smoking ban this week, but the agency didn't take the bait.

The Health Department issued no warnings or fines against about a dozen bars that defiantly encouraged their customers to smoke in violation of the county's clean indoor air regulations, which took effect July 1.

"We didn't want to feel like we were being called out to a duel," said health board President Brenda Isaac. "We will be making unannounced inspections on a schedule. Our staff won't hesitate to issue citations."

Kanawha County bar owners have repeatedly criticized the smoking ban, citing a decrease in alcohol and video lottery sales.

Some bar owners have vowed to continue violating the ban until the Health Department takes them to Kanawha County Magistrate Court, where businesses face fines of $200 to $1,000, if found guilty.

The Health Department employs seven sanitarians who are responsible for inspecting hundreds of Kanawha County restaurants and bars for health infractions, including smoking violations.

"They have quite a lot of work to do besides enforcing clean indoor air regulations," Isaac said.

Earlier this week, Kerry "Paco" Ellison, who owns the Black Hawk Saloon in Charleston, announced he would allow smoking at his bar. Other bar owners did the same to show support for Ellison.

The protest didn't surprise Isaac.

"This is exactly the sort of civil disobedience you see everywhere they pass a clean indoor air act," Isaac said.

Bar owners in Randolph and Upshur counties are now challenging fines for smoking ban violations, said Christina Mickey, project coordinator for Smoke-free West Virginia.

Mickey said it's common for bars to ignore smoking regulations and claim financial losses after health boards enact bans.

"Those first four to six months are always a rough period for boards of health," Mickey said. "If we didn't see opposition, we would think something was wrong."

Isaac said Health Department inspectors would continue to investigate complaints about bars and gambling parlors that openly or secretly violate the smoking ban.

The department won't hesitate to pull a bar's health permit, if the business is repeatedly found guilty of violating the smoking ban in court, Isaac said.

On Wednesday morning, the Harrison-Clarksburg Board of Health passed an expanded smoking ban that includes bars. The new regulations take effect Jan. 1. Harrison County will become the 20th county in the state with a smoking ban that includes bars and gambling parlors.

"I'm pleased to see other counties are stepping up to the plate," Isaac said. "This isn't a pleasant thing to do, but we have a responsibility to protect the public's health."

According to the Journal of the American Medical Association, an estimated 53,000 nonsmokers die each year in the United States as a result of secondhand smoke.

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