VFW targeted for violating smoking ban

By MARK NEWMAN Courier staff writer

OTTUMWA — It’s hard to play the game fairly if the other side is changing the rules.

That’s the feeling of Denny Whitson, past commander of the Veterans of Foreign Wars post in Ottumwa.

“They’re making the laws as they go along,” he told the Courier Wednesday.

He recently received word that an administrative law judge has recommended the state licensing board take the club’s liquor license.

“The law says on the first offense you’ll be charged $100 if found guilty, the second offense fine is $200, the third is $300. This is [on the books] as a simple misdemeanor; but the health department has partnered with the state liquor board.”

The board has handed out liquor license suspensions and fines, he said. But Whitson believes his stance against a law he called unfair, and his willingness to fight for his fellow veterans, made the Ottumwa VFW a target. He said he’s very disappointed with the Legislature which passed an unfair law.

“They don’t have much backbone. We have yet to be notified of their revocation [decision],” Whitson said. “If they are going to put it on TV, the radio and in the newspaper, you think they’d tell us.”

Businesses have received letters informing them of a fine, he said, or a one week suspension. The local VFW isn’t having its license suspended — the recommendation is to have it taken away, he said.

“If this goes through, we will be done,” Whitson said. “Another empty building in Ottumwa.”

He said he has met one other person who refused to abide by a law.

Larry Duncan of West Burlington told the Courier in a previous interview that Iowa’s own Constitution doesn’t allow unbalanced laws such as one which allows smoking for some businesses but not others. He said he’s irked that the state has made the same claim some business owners have made: prohibiting smoking could reduce profits in casinos, hurting government revenue.

“I asked a group of legislators what kind of pills casino employees take that makes them immune from effects of secondhand smoke,” Whitson said.

He and Duncan are the only two recommended for revocation, Whitson claimed.

“They have no backbone. They don’t like people with backbone. I said this isn’t right and I’m going to fight it. That’s the kind of person I’d think veterans would want standing up for them. That’s the kind of person I am,” said Whitson. “I’ll file an appeal; we’ve never been to a court of law to be found guilty of anything.”

The Ottumwa VFW has agreed to a truce of sorts, or maybe a “change in management” after the state unit of the organization paid a visit to Ottumwa.

“We chose 30 days ago to pull the ashtrays off the tables when the state VFW came in and pulled me out of office,” said the former commander. “There hasn’t been smoking in there since then.”

Perhaps those changes will work in the VFW’s favor. The current post commander had no comment on the situation. But it’s Iowa’s elected officials Whitson said he’s most disappointed with.

“They talk about us ignoring the law, but I’d like to remind them they are not following the law, or they’re changing it as they go along. They are without honor.”

Mark Newman can be reached at 683-5358 or by e-mail at mgnewman@mchsi.com.