The city council in Kenosha has approved a November advisory referendum on extending the existing smoking ban for bars & restaurants to all workplaces.

Tavern owner Mary Moser fumed as she challenged aldermen to take away her right to decide what happens at her business, "the only thing anyone who wants me to stop smoking in my own business has the right to do is sue me, right here, right now. And we don't need any ordinance for that to happen. Moser threatens legal action against the city if an existing smoking ordinance is extended to all businesses and public buildings, based on the outcome of the November advisory referendum: "when this gets to court — not if, but when — I'm gonna beat ya like a drum!"

Alderman Michael Orth supports the people's right to decide, which will impact his ultimate decision. "When I vote in that referendum, I'll vote for the smoking ban," he says, but "if my constituents say no, I'll change my vote to no." Kenosha bars & restaurants with separate smoking areas currently get around the existing ordinance, but the referendum focuses on ALL businesses and public buildings.

AUDIO: Mary Moser (;15 MP3)

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