(Montrose, Colo.) Western Slope Libertarian Party Secretary and owner of Jojo’s Windmill Restaurant in Montrose, Jojo Ping, recently graciously allowed Montrose city attorneys to back off prosecuting her under the illegal anti-smokers ordinance by accepting a plea agreement which defers prosecution altogether. But she regrets it.

"Actually I am sorry I settled out of court," Ping said.

"It would have been informative to see how a jury would react to this ordinance which lays additional burdens and responsibilities on business owners."

Ping told members of the party that the city seemed extremely interested in resolving the issue out of court after she paid the $25 jury fee to take the matter before her peers and a judge with her attorney Frank Woodrow. Ping reviewed the matter for party members during the Nov. 13 regular WSLP meeting.

Since the illegal anti-smokers ordinance was put into effect, the city has only written tickets for violations at Jojo’s Windmill Restaurant. Ping is a vocal opponent of the unconstitutional ordinance and was singled out by fanatic Montrose Citizens for Clean Indoor Air (McCIA) informers whom continue to harass Ping by calling in "violations" to the Montrose Police Department.

Bending to the pressure of McCIA fanatics, the MPD deployed undercover agents to Jojo’s Windmill to catch any violators of the anti-smokers ordinance.

One waitress who was cited during the "raid" was actually prosecuted under the pre-April smoking sign ordinance, a copy of which she was presented at the last minute when she appeared in court. She was not represented by counsel.

In the meantime, less than 25% of the businesses required to display a sign forbidding legal tobacco usage on their private property comply.

Even the office of one of the leading proponents of the anti-smokers ordinance, Dr. Richard Gingery, was out of compliance with the signage requirements until a citizen turned him in for the violation – very few of Montrose’s doctor’s offices are in compliance with the law.

The City of Montrose remains non-compliant as the sign on the door at City Hall facing S. First St. is improperly displayed, a violation which was reported directly to Ted Cole, the city’s code enforcement officer. Cole said he would deal with the violation, but the violation stands.

Some businesses are displaying the "universal" symbol for "no smoking" with the lit end of the cigarette pointing up, as a symbol of silent protest against their stolen property rights.

The "no smoking" sign at Jojo’s admonishes guests also to sit up straight and eat their vegetables.

After she was cited for an alleged violation of the signage portion of the ordinance, Ping surveyed city businesses and turned over a list of more than 200 violations to Cole. To date, very few of the businesses have been approached by the city to rectify their violations. Cole said he does not have time to enforce the ordinance using the list provided by Ping.

WSLP co-chairman Tim Jacobs referred to a well known annual act of mercy when asked to comment on the city’s lack of willingness to properly adjudicate the anti-smoker ordinance.

"Police and business owners alike know a turkey when they see one," he said. "This one, unlike the White House bird, should be axed."

Jacobs predicted efforts to amend the anti-smoker ordinance, such as allowing small businesses to apply for a waiver when their buildings must be torn down and reconstructed to comply with the ordinance, will be snuffed out.

When Montrose City Councilman Bill Patterson suggested the city might look at amending the ordinance after the election, he was met with the same anti-smoker fanaticism Ping has faced.

Jacobs said city council lacks the intestinal fortitude to do what is right and that, even in the event it does choose to amend the illegal ordinance, council members and "Mr. Patterson will be crushed beneath the wheels of the juggernaut of selfishness, disguised as it is as a bus full of children on the way to the promised land," Jacobs said.

- Pay for undercover law enforcement personnel to catch perpetrators violating the anti-smokers ordinance and issue tickets, Jojo’s Windmill Restaurant at Montrose: $500

- Fine for Jojo Ping’s defiance and leadership in civil disobedience against the unconstitutional, and therefore illegal ordinance: $300

- Cost to challenge said ticket in court (jury fee): $25

- Expressions on faces of city legal staff as they back pedal and negotiate plea agreement after plea agreement until they are forced to offer to defer prosecution against Jojo: Priceless

FYI: One unidentified fanatic phoned Jojo’s after the November election and left her the following message: "Tell the bitch she lost." Such a nice thing to come from a person claiming to care about the children, huh?

ALSO: Unless there are any newsworthy items related to the anti-smokers ordinance, i.e. if Jojo decides to pursue the matter through further civil disobedience or by pressing the city into court, etc., we will be leaving this topic alone in print and otherwise – and the choir sang "Hallelujah" LOL

~ Lane Mills

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