04:00 PM PST on Tuesday, March 14, 2006

By PAUL AKER / KING 5 News

OLYMPIA - At Frankie's Sports Pub in Olympia, you'll find ashtrays on every table and a lot of customers using them. The owner says that's not going to change anytime soon, even if the local prosecutor get a court order.

At Frankie’s Sports Pub, smokers are free to light up in spite of the new statewide smoking ban. Owner Frank Schnarrs says breaking the law is the only way he can survive.

“I can't afford to comply with the law,” he said.

But Frankie’s is about to pay a price for the profits. Thurston County Civil Prosecutor Allen Miller plans to drag Schnarrs into court to force him to comply.

Miller's already filed a similar complaint to stop violations at nearby Cedar Inn. Only then did owner Louis York, a friend of Schnarrs, finally put away the ashtrays.

"I'm probably down about 30 percent,” said York.

But complaints are up at the local health department. Fifteen have already been filed against Frankie’s. The prosecutor says that's too many.

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"We would get an injunction and that would just force Frankie and the employees to make sure no smoking is going on in the bar,” said Miller.

That doesn't scare Schnarrs. He says even the $100 a day fine and a court order won't stop him. He says he's not just fighting for himself, but all restaurants and bars.

In the meantime, at least one other tavern has followed Frankie's lead. The Log Cabin is allowing customers to light up there too. So for now, it seems Washington's new smoking law is a little hazy.

If Schnarrs follows through and defies a possible court order, the Deputy Prosecutor says there could be more legal action, including fines and possible jail time for contempt of court.

Miller plans to file the complaint by Friday. He expects a judge will grant a hearing by a week from Friday.