By Tom Kertscher
The Milwaukee Journal Sentinel
WEST ALLIS, Wis. — A judge has issued a ruling in favor of West Allis firefighters who want to smoke while on duty — but whether they will actually be allowed to smoke, inside or outside of fire stations, remains in question.
Before a state law took effect July 5 that banned smoking in most public buildings, West Allis firefighters were allowed to smoke in designated areas inside the fire stations.
That is, firefighters hired before Jan. 1, 1996, were allowed to — since that date, West Allis has hired only non-smoking firefighters.
In May, however, the Fire Department cited the new state law and announced that firefighters would no longer be able to smoke inside the stations as of July 5. Since then, the 10 or so smoking firefighters have been working under a ban that prohibits them from puffing indoors and out while on duty.
The firefighters union, arguing that smoking rules should be decided in bargaining, worked out a proposed compromise with Fire Chief Steven Hook.
But in June the city Police and Fire Commission rejected the deal, which would have allowed firefighters to smoke in certain areas outside the fire stations.
The firefighters union then launched two legal actions.
The union asked the Wisconsin Employment Relations Commission to take on the case. The union also went to court seeking a temporary order in the meantime.
On Friday, Milwaukee County Circuit Judge Timothy Dugan granted a temporary injunction, said John Kiel, an attorney representing the union. Kiel said the order restores the status quo that was in place before the outright ban on on-duty smoking.
There is a question on what the status quo was, however.
Kiel said that in practice, firefighters were allowed to smoke not only in designated areas inside the fire stations but also outside the stations as long as the firefighters were not in public view.
He conceded, however, that he doesn’t know if the city shares his view and he is not advising firefighters to smoke or not smoke while on duty.
“Ultimately, I would hope that we could reach some type of resolution so that everyone is on firm ground in terms of where they can and cannot smoke,” Kiel said.
A lawyer in the city attorney’s office could not be reached for comment.
The city allows smoking outside other buildings, including City Hall, but firefighters are treated differently under state law.
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