Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, March 9, 1994 TAG: 9403090145
SECTION: VIRGINIA PAGE: C1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
All that wasn't enough Tuesday to convict Janice Faye Shepard of smoking in a nonsmoking area.
Shepard, 34, of Roanoke, had been charged with lighting up in defiance of "No Smoking" signs posted at Happy's Flea Market on Williamson Road.
She had faced up to 12 months in jail under a seldom-used law that makes it a fire-code violation to smoke in certain areas.
General District Judge Julian Raney said there was no doubt Shepard was smoking in a restricted area, but he dismissed the charge anyway.
"I think under the circumstances, you were probably punished enough by virtue of the embarrassment of having to come to court," he told her.
It was one of the few times in Roanoke that a smoker has faced criminal charges.
Usually, people who insist on smoking in nonsmoking areas of restaurants and other public buildings are subject to a civil complaint and a possible fine, according to Roanoke Assistant Fire Marshal Robert Meyer.
Shepard's case was different because her puffing was prohibited not just as a courtesy to nonsmokers, but also because it was considered a fire hazard. Smoking was banned at Happy's after more than 13 fires broke out there in one year, Meyer said.
Civil and criminal action against smokers both are rare, Meyer said, because most people simply snuff out their cigarettes when asked.
"We don't run into many cases of people who absolutely refuse to follow our instructions," he said.
But that's what happened the morning of Feb. 12 when Shepard walked into Happy's with a lighted cigarette in her hand, Meyer testified in court Tuesday.
Meyer - who also is an assistant manager at Happy's - said he approached Shepard and asked her to put out her cigarette.
"She kind of laughed and kept going," he said. "I tried to explain to her it was a fire code violation and a very serious offense. She would not take that to heart at all."
Shepard admitted she was smoking - "I didn't pay any attention to the signs" - but said Meyer never identified himself as a fire marshal.
"I thought he was just some crazy person," she testified. "He had embarrassed me and cursed me and humiliated me right there in front of everybody."
Shepard had charged Meyer with using abusive language, but Raney dismissed that charge as well.
Meyer testified that he was wearing a "Fire Marshal" cap and plain clothes when he approached Shepard, and that he showed her his badge.
"I did not at any time curse this lady," he said.
Assistant Commonwealth's Attorney Gerald Teaster said he could not recall any other Roanoke cases in which smokers were prosecuted under state law. Meyer said he had handled just one other, in which a man was convicted and given a small fine.
"Most people just put their cigarettes out and go on," he said.
by CNB