American Legion questions ‘no smoking’ signs in beer tent

By LeAnn R. Ralph

COLFAX  —  Members of the Russell-Toycen American Legion Post 131 are wondering why “no smoking” signs have appeared in what is known as the “beer tent” at the Colfax Fairgrounds.

Tom Dunbar, former American Legion Post Commander, and Chris Larson, current American Legion Post Commander, spoke to the Colfax Village Board at the October 24 meeting about the signs.

Dunbar wondered if the Colfax firefighters had asked to have the signs put up for the Colfax Firefighters’ Ball in September.

Members of the Russell-Toycen American Legion Post 131 operate a beer garden in the building during the Colfax Free Fair in June.

Scott Gunnufson, village president, said the village must follow the state’s statute banning smoking indoors.

“Our job is to uphold the state, county and village statutes,” he said.

Wisconsin’s Smoke Free Law went into effect July 5, 2010.

Dunbar said the building was built according to the statute to allow smoking inside.

According to the state statute, smoking is prohibited in buildings with a roof and “two substantial walls.” A substantial wall contains an opening less than 25 percent of the wall’s surface.

At issue is whether the beer tent/refreshment building may have only one substantial wall because of the doors that can be opened on the east side, the west side and on the south side where the dance hall is located.

“If you can prove that the building is not covered by the law, we could consider looking at it,” said Lynn Niggemann, village-administrator-clerk-treasurer.

The American Legion built the original building in 1964 and paid for the maintenance and the insurance premiums for several decades.

In February of 2014, the weight of wet, heavy snow caused the roof of the building to collapse.

By that time, the American Legion “beer tent” was listed on the village’s insurance as the “refreshment stand,” and there appears to be some question as to how or why the building ended up on the village’s insurance, whether there was any kind of agreement transferring ownership of the building from the American Legion to the Village of Colfax or whether there was an agreement pertaining to the insurance.