Controversy over Kanawha County's infamous smoking ban has yet to fizzle out.

Blackhawk Saloon owner Kerry Ellison has been very vocal in his opposition to the ban.

Wednesday, he was in front of Magistrate Ward Harshbarger, answering two charges of breaking the ordinance.

Ellison represented himself and took the stand in his own defense.

Kerry Ellison, Bar Owner, I have no authority to prevent anyone from smoking short of refusing them service and that is something I wont do.

Ellison was found guilty; he faces about $500 in fines.

Anita Ray with the health department says bar owners have no excuse for not complying.

Anita Ray, Health Department, Everyone was given plenty of time to disallow smoking in their establishments.

The ban started July 1, 2008.

Ellison, a non-smoker, says he is being unfairly targeted.

Kerry Ellison, The only thing I'm doing that everybody else isn't doing, I'm not being sneaky about it.

Ray says this decision should send a very clear message to all other bar owners.

Anita Ray, We are serious about enforcing our regulation.

Ray says the health department has no plans to revoke Ellison''s liquor license, but she will pass along his non-compliance to the alcohol beverage control board.

Ellison says this decision won't change anything at his bar.

Since the health department has no plans to butt out, Ellison anticipates many more trips to the court room.

Kerry Ellison, I guess we'll come back and do this 4 or 5 more times.