Dan Russell, executive director of the Duluth Entertainment and Convention Center (DECC), made an intriguing offer that the city of Duluth should have refused.
Russell agreed to pay a $1,000 fine out of his own pocket because smoking was allowed during the recent dart tournament at the DECC. He said in part, "The DECC staff made every effort to comply with the city smoking ordinance which was enacted well after the DECC entered into (the) contract.... I believe an analysis of the smoking ordinance would prove the DECC was in compliance. The DECC clearly met exemptions outlined in Section 28 of the ordinance. The DECC has a liquor license, the area was enclosed on all sides, the area had separate ventilation, no food was served and minors were not allowed at the tournament."
He makes a strong constitutional case, citing Article 1, Section 10 of the U.S. Constitution, which states, "No state shall pass any law impairing the obligation of contract."
Even though the DECC could win, however, Russell sees little sense in one governmental entity (the city) fining another (the DECC). Thus, he proposed to pay the fine personally.
Since the city was determined to extract a pound of flesh, then it should have fined him $1 and been done with it. By accepting Russell's offer with compassion, it would have appeared magnanimous. Instead, the city's Constitution-be-damned approach, fining him five times any other violator, sends a dark message. We hope the DECC board finds a way to make Russell whole.
