MADISON, Wis. -- Dave Wiganowsky, owner of Wiggie's bar, has been an opponent of Madison's smoking ban since day one and said he's willing to risk everything to take the enforcement of it to court. A court summons arrived at Wiggie's bar this week, about a month after health inspectors said they saw two people on two different occasions smoking in the bar.

Wiganowsky said inspectors didn't cite the violators while in his bar, but also did not give a description.

"I said, 'Why didn't you tell the bartender or write a ticket?' and he said, "Like you, Mr. Wiganowsky, we fear for our health.'"

The answer disturbed Wiganowsky, because as he said, if inspectors are too afraid to enforce the ban, why should his bartenders be any different?

"We have the sign," said Wiganowsky. "Members of the police and health department, somebody comes in, you tell them it's against the law. If they chose to light up, I'm not going to put my employees at a health risk."

Health inspectors said they could issue the citation right away, but instead send it later, because there's only nine on staff, and they don't want people to recognize them.

"We just write our notes down and document it on a complaint form, and the person assigned will make a complaint and send it to the city attorney," said inspector Doug Voegeli.

That way, confrontations between health inspectors and violators or bar owners are minimized, said Voegeli. But Wiganowsky said if you don't know who was smoking, how can you prove it happened and how can you expect bar owners to enforce it?

"We posted the sign, told them they can't," said Wiganowsky. "If I'm the enforcer, am I being paid by the city to enforce it and why can't I enforce other laws?"

A Madison health inspector said a majority of bars are enforcing the ordinance. Since it went into effect, only 41 complaints have come in from 22 establishments.