MADISON, Wis. -- A Madison bar-owner is going to extreme measures to escape the city’s smoking ban.

He’s trying to detach his property and neighboring land from Madison and become part of the town of Burke.

He’s hoping re-drawing the city’s boundary lines will rekindle his business.

"For my business, smoking is a critical thing," said Wiggie’s owner Dave Wiganowsky. "I’m down 40 some percent. If I was in the town of Burke, they permit smoking."

Wiganowsky said he’s not sure if anyone has ever tried this tactic before, but he’s willing to try.

Wiganowsky said there is a state law on the books that allows land owners to detach their property from a city and join up with a neighboring town.

He’s hired a lawyer to begin hammering out the details.

"With no case law enterprising these statues, anything might be possible," said Wiganowsky’s attorney Steve Underwood.

In order for Wiganowsky’s plan to work he must also convince neighbors to go with him because Wiggie’s bar doesn’t sit on the Burke border.

Those neighbors include other Madison businesses from bars to Oscar Meyer, as well as many residents.

An idea no one else has signed onto, yet.

"A couple of them said, yes, where do I sign, let’s go," said Wiganowsky. "Some of the other ones said let them think about it. Some are worried about retribution from the city."

Underwood goes on to say even if his client can get signatures of support from three-quarters of the landowners on the section he wants detached, the common council can still stop him by not passing the petition or not acting on it at all.

"It would appear, from my analysis, that if the city would reject the petition the matter would die," said Underwood.

Even if the council were to approve the detachment proposal the Burke Town Board has the final say.

"At least I’m keeping it in the public eye," said Wiganowsky. "If I can’t win the city council over, maybe I can win the public perception."

Wiganowsky plans to file a notice of intent with the city of Madison in the coming weeks.

Mayor Dave Cieslewiscz’s office had no comment on the matter.