Nobody's going to tell Kerry "Paco" Ellison's customers they can't smoke at his bar.

The Black Hawk Saloon is Ellison's bar, and he'll run it as he sees fit.

"If I don't want to pray, I don't go to church," Ellison said. "If you don't want to smoke, don't come in here."

Today, Ellison and at least a dozen other bar owners across the county defiantly encouraged their patrons to smoke in violation of the Kanawha-Charleston Health Department's six-week-old smoking ban.

Ellison said he's sick and tired of playing by the rules while his competitors secretly allow their customers to light up. He's called the Health Department to complain, but nothing is done, he said.

"Either rescind the order or enforce it," Ellison said. "Either make it happen or let it go. I want a level playing field."

Two Health Department sanitarians inspected Ellison's bar and outside patio -- where smoking is allowed -- a half-hour before it opened this afternoon. No warnings or fines were issued, Ellison said.

"They were very cut and dry, to the point," Ellison recalled. "I said, 'Is that it?' 'For now,' they said."

The Health Department regulations prohibit smoking in bars, gambling parlors and the Tri-State Racetrack & Gaming Center.

Other Kanawha County bars that took part in today's protest included The Empty Glass; The Pour House Sports Bar; Julie J's; Number 8; The Pump; Sham's; Lucky Laverty's; McNalley's Pub; Smiley's; Dave's Tavern; and The Dream Tank.

Health board President Brenda Isaac called the bar owners a "rebel group."

"This is a very small percentage of bars in the county," Isaac said. "It's too bad they're getting all this publicity. Most of the bar owners are very law-abiding."

Isaac said the Health Department would issue a warning to bars that violate the smoking ban. Bars that continue to thumb their noses at the regulations will face sanctions -- a $200 to $1,000 fine in Magistrate Court, if found guilty.

Isaac said the department is investigating all complaints, with the vast majority being filed by bar owners who allege their competitors are ignoring the smoking ban. The Health Department has seven sanitarians who inspect bars and restaurants for food and smoking violations.

Nobody's going to tell Kerry "Paco" Ellison's customers they can't smoke at his bar.

The Black Hawk Saloon is Ellison's bar, and he'll run it as he sees fit.

"If I don't want to pray, I don't go to church," Ellison said. "If you don't want to smoke, don't come in here."

Today, Ellison and at least a dozen other bar owners across the county defiantly encouraged their patrons to smoke in violation of the Kanawha-Charleston Health Department's six-week-old smoking ban.

Ellison said he's sick and tired of playing by the rules while his competitors secretly allow their customers to light up. He's called the Health Department to complain, but nothing is done, he said.

"Either rescind the order or enforce it," Ellison said. "Either make it happen or let it go. I want a level playing field."

Two Health Department sanitarians inspected Ellison's bar and outside patio -- where smoking is allowed -- a half-hour before it opened this afternoon. No warnings or fines were issued, Ellison said.

"They were very cut and dry, to the point," Ellison recalled. "I said, 'Is that it?' 'For now,' they said."

The Health Department regulations prohibit smoking in bars, gambling parlors and the Tri-State Racetrack & Gaming Center.

Other Kanawha County bars that took part in today's protest included The Empty Glass; The Pour House Sports Bar; Julie J's; Number 8; The Pump; Sham's; Lucky Laverty's; McNalley's Pub; Smiley's; Dave's Tavern; and The Dream Tank.

Health board President Brenda Isaac called the bar owners a "rebel group."

"This is a very small percentage of bars in the county," Isaac said. "It's too bad they're getting all this publicity. Most of the bar owners are very law-abiding."

Isaac said the Health Department would issue a warning to bars that violate the smoking ban. Bars that continue to thumb their noses at the regulations will face sanctions -- a $200 to $1,000 fine in Magistrate Court, if found guilty.

Isaac said the department is investigating all complaints, with the vast majority being filed by bar owners who allege their competitors are ignoring the smoking ban. The Health Department has seven sanitarians who inspect bars and restaurants for food and smoking violations.

Business was booming tonight at the Black Hawk Saloon, which opened four months ago.

Cigarette and cigar smoke clouded the room. The bar's regulars and new customers puffed away, thrilled they had a place to smoke and drink a beer.

"Freedom!" someone shouted.

"Light up, girls!" yelled another patron as two women entered the bar.

Ellison and his customers wanted to send a message to the Health Department: They're fed up with the smoking ban.

"It's an infringement of my individual rights," said Barbara Lutes. "If you do not want to come to a place that has smoking, don't come. Just have a sign on the door: 'This is a smoking establishment.' "

Susan O'Neal said people are tired of having to leave the air-conditioned bar and walk outside under a hot sun to smoke.

"You have people outside who are going to have a heat stroke," O'Neal said.

John Sheets, who sat at the bar sipping a Budweiser, couldn't agree more.

"Our country's becoming more communist every day," Sheets said. "It's my right to come here and smoke. I'll sit here and smoke until they shut 'er down."

Debbie Knight, who owns the Halfway Home bar down the street, said Health Department inspectors -- armed with a tape measure -- paid her bar a visit today and scolded her for allowing customers to smoke on an outside patio that wasn't 15 feet from the bar's back door. The patio cost $500 to build, Knight said.

"This smoking ban is costing me money," said Knight, who said her bar and video lottery sales have declined since the ban took effect. "There's no way we can stay in business like this. If you're a small business, you have to accommodate your customers."

Asked how long he would allow his customers to smoke, Ellison replied, "Until someone makes me stop."

"Now that I've got the horse out of the barn, I'm going to ride him," he said. "They said you get one warning and to use it wisely. I think I used mine wisely. Look around."

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