The air is misty and the ashtrays are filled today at the Cherry Berry bar in Danville, despite a ban on smoking in enclosed public places had entered into effect more than 2 years ago.

Visitors admit they enjoy the current state of things, as they don’t mind paying a little bit more for their beverage to get a permission to smoke inside.

Richard Pond, owner of the bar admitted his patrons – major part of them are smokers - make contributions to his “smoking fund” can, which is put on the bar each evening to help pay the tickets he gets for violating the law.

Pond was fined two times and paid nearly $700, but said that his bar is packed with people who are willing to pay and smoke and that is more important for him than tickets. The owner added that if he prohibited smoking, his tobacco-loving patrons would opt for smoking-friendly premises just a few miles away from Cherry Berry, in neighboring Indiana.

“So, it means that smokers will be welcomed here,” mentioned the owner, putting out his cigarette. “I have no intention to loose any of my patrons.”

The reporters of Chicago Tribune checked several bars across the border with Illinois and found nearly half of them to be smoking sanctuaries, flouting the Smoke-free Illinois Act, implemented Jan. 1, 2008. Most of the bars were located in small cities and villages, where all patrons know each other. Local non-smokers admit they simply avoid visiting that smokers-friendly premise, respecting the right of their friends to have a smoke in peace.

Both smoking patrons and bar owners gave different explanations for violating the legislation. For instance, the owner of a Bar in Albany Park stated that the whole premise was booked for a birthday bash and closed for general public, and exempted from the ban on those grounds. But in reality there is no such exemption, authorities claim.

Barbara Wise, Illinois Public Health Department spokesperson admitted that despite such constant offenders exist, they are a notorious exception, since, in general, people got accustomed to avoid smoking in public places after the ban became valid. She said they hope that neighboring states like Indiana would implement indoor smoking bans that would offset competitive advantages of their businesses, which prevent all Illinois bars from complying with the local anti-smoking legislation.

Mrs. Wise added that in the short time it would be widely intolerable to light up in a eating or drinking venue as it nowadays is in cinemas.

However, smokers confess they will patron any place that permits them to smoke. Diane Morrison admitted she leaves extra $10 each month for Cherry Berry smoking fund, perceiving it a as a sort of membership fee. She said that if she and her husband Charlie weren’t able to light up here, they would trip to Indiana.

“I don’t feel I am violating any regulation,” she mentioned. “But, I believe that in case any Illinois tavern or bar is willing to permit smoking, there should not be any difficulty, if it is ready to pay the corresponding fines.”