Topeka man tries duct tape to get around smoking ban

TOPEKA | Topeka’s city attorney says a local bar can’t get around a smoking ban by placing duct tape on the floor and calling the taped-off area a “retail tobacco shop.”

Jim Suwalski says the city’s ordinance that bans smoking in most public places has an exception for smoke shops. So he got a retail license for a tobacco shop that he operates inside his wife’s bar, Hot Pockets Billiards and Sports Bar.

But the city attorney’s office said Tuesday that the bar is violating the smoking ordinance by allowing people to smoke in the tobacco store.

Suwalski says he wants police to cite him for violating the ban so he can make his argument in court.