A restaurant owner sprayed another man in the face using a fire extinguisher, after the man refused to put out his cigarette.
Jon Bird was smoking nearby one of Alex Jamison’s establishments in Utah, United States last Friday, Sept. 20, when a dispute between them occurred.
Jamison, holding a fire extinguisher, argued with Bird and another man about whether Bird was smoking 25 feet away from his business, as seen in a video Bird posted on his Facebook page the day after.
Utah prohibits smoking within 25 feet of a door, window or air vent. Bird said he was in the proper distance from Jamison’s restaurant, thus, following the law.
Jamison disagreed and warned Bird that he was “going to put that cigarette out.” He then aimed the fire extinguisher at Bird’s face.
Bird, with a lit cigarette in his mouth, responded, “Do it.” Jamison immediately sprayed the fire extinguisher directly to Bird’s face.
“Keep an eye out for this guy at the Gallivan Center. Need to get his info,” Bird said in his post. “Assaulted me and ran from the scene before the cops showed up.”
Following the incident and Bird’s post, Jamison took to Facebook today, Sept. 24 to air his sentiments on what had happened.
He apologized for his actions but remained firm in his stance that Bird was not in the proper smoking area last Friday.
Jamison detailed how he would also ask other smokers to move to the “designated smoking area” and that they would comply with his request. He also stated that Bird provoked him, and if Bird had not told him to “do it,” he would not have sprayed the extinguisher in Bird’s face.
“What nobody saw was the continued debate afterward, him still sucking on that thing, mocking me and saying, ‘You missed,’” Jamison added. “So you want to call it assault? Go for it.”
Jamison claims that what he did was “self-defense” and a way to “protect” his air and his customers. He acknowledged the health risks of releasing such chemicals on a person, but noted that they were not carcinogenic, as compared to tobacco smoke.
Bird was treated by paramedics after the incident on Friday, as per CBS-affiliate KUTV today. He reportedly suffered from headaches, difficulty breathing and painful eyes.
Jamison may find himself facing a misdemeanor assault charge, as per report, from Bird and his lawyer. The case will be brought up to the city attorney’s office for a decision about charges.
It is not stated in the report if the police deemed appropriate Bird’s distance from Jamison’s restaurant on Friday, in line with Utah’s laws. JB
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