SMITHS FALLS -- Supporters of a private smoking club facing multiple charges under the Smoke-Free Ontario Act remained defiant at a grand opening Friday.

As 20 patrons smoked cigarettes and cigars while being served drinks by contract workers, club spokesman Mike Kennedy said he will continue operating until he's "taken out in handcuffs."

He said the Supreme Court of Canada recently upheld the rights of private swingers clubs in Quebec to allow sexual activity on the premises and questioned why smokers shouldn't have the same freedom to enjoy their own pursuits.

About 10 journalists from television, radio and the print media were on hand for the occasion, which concluded with brief comments from Kennedy and his legal counsel along with Randy Hillier, president of the activist Ontario Landowners Association.

Kennedy said he was confident business would pick up through the day and the club, located in the Comfort Inn on the banks of the Rideau River, would have a second straight successful weekend since opening.

"It's more of an after-dinner crowd with people coming in later to dance. Last Friday, sales were double what they were the previous weekend and we're looking for a pretty good turnout this evening and over the weekend."

Kennedy said he'd rather negotiate a reasonable agreement with authorities than go through the courts but he's ready to challenge the legislation.

Kennedy is scheduled to go to Perth provincial court on October 3 and his lawyer, Mark MacDonald, said that hearing will be used to set a date for trial.

Hillier said Ontario Premier Dalton McGuinty's so-called war on tobacco has put people out of work and cost small businesses a good portion of their livelihood.

Michael Perley, director of the Ontario Campaign for Action on Tobacco, said there are questions about the compliance of shelters at some casinos but he dismissed concerns raised at Friday's event that all gaming facilities have fully enclosed smoking areas.

He also challenged a comment from a contracted server at Friday's event, former Do' Little's employee Tess Andress, who said she is a smoker and feels it should be her choice to work in a smoking environment.

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