The city of Scranton has put its no smoking foot down. The city took legal action against a business for the first time Tuesday since its smoking ban took effect in January.

Deputy Public Safety Director Mark Seitzinger filed the first smoking ban citation against a business in the city. The complaint said Chick's Diner on Moosic Street defied the city ordinance.

"My feeling is, if it's a law, it's got to be enforced and that's what we're here to do. We're here to enforce the laws of the city," Seitzinger said.

A half hour before city inspectors arrived at the diner there was no sign of anyone smoking, but there were ashtrays on the tables and no "No Smoking" signs in sight.

"When we went in, the first thing that I looked for were the "No Smoking" signs. They were obviously not visible. Looked at the tables, the counters, there were ashtrays on the counters and on the tables. When we walked in the first table on the left-hand side had two patrons smoking. At that point, we asked for the owner, asked him to have them restrain from smoking. He didn't comply with that. I had at that point told him that we would be issuing a citation for the violation of the smoking ordinance," Seitzinger said.

The no smoking ordinance was passed by city council and took effect back in January.

Chick's Diner owner would not comment about why people were allowed to smoke in his restaurant but patrons eating there shared their views.

"I don't think it's my place or anybody else's place to tell anybody else to smoke or not to smoke. They want to smoke, go ahead. It's their lungs," said diner John Hrinda.

"I think if they passed it, they should follow, yes," said Genevieve Filingo.

City inspectors stopped in at 10 other randomly-selected bars and restaurants in Scranton. There were no other citations issued.

The owner of Chick's Diner was fined $300. The smokers were not cited.

Originally published online here: http://www.wnep.com/Global/story.asp?S=6421059&nav=5ka4