UPDATE: City Commission Will Let American Legion & VFW Smoke

By Michael Gossum | 

The city of Bowling Green will not appeal the ruling on the smoking ban at the American Legion and VFW.

"We came to the conclusion that we would allow the court's ruling to stand. I know it may not be as clear as some would like, but it seemed clear to the majority of us," said Bowling Green Mayor Bruce Wilkerson.

There's one on the Commissioner who doesn't think this is very clear.

"It's disappointing to me that the city commission is going to go along with that, and when I say the city commission I mean it only takes three. It only takes a majority of the members, and the majority of the members of the city commission right now believe that's okay," said Bowling Green City Commissioner Brian "Slim" Nash.

Attorney Alan Simpson represented the organizations and said he's not surprised by the city's decision.

"You know the courts have spoken and that's the way the system is supposed to work, and I respect the fact that they are going to stand by the court's ruling. These veterans have not only fought for their rights, but for the rights of everyone in America. It's just good now that the court system has served them well in protecting their rights," said Simpson.

This has been an issue since police cited the American Legion for smoking violations in April.

This past Friday Warren District Judge Brent Potter ruled the Legion exempt on that night, conclusion which Commissioner Nash has been critical.

"Yes. I know you expect politicians to use a lot more words than that. In essence, what I believe the city is doing if we don't amend the ordinance and we don't enforce the ordinance, then that leaves us somewhere in between those two, and what that gray are is that we have an ordinance on the books that we're not enforcing," said Nash.

Nash said that nothing's personal about the issue.

He can bring this up for discussion, but he needs to have a 2nd to his motion and that is something he's not sure he'll receive.

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