For eight years, Dale Beck has been relying on blue–collar workers to fill his bar in this industrial neighborhood on the northeast side of Madison.

But since the smoking ban took effect, Beck says he's lost more than half his business.

"..we're dying out here ... and we've got to do something, either get a compromise with the city or we got to do something to stay afloat," said Beck.

And Beck is doing something ... By taking a closer look at the ordinance and finding what he says in a loophole.

In a section under enforcement, the ban state's that the owner of an establishment has to tell a person smoking is not allowed ... or ... and that's the key word ... refuse them service.

According to the words in the smoking ban, the Locker Room, either has to ask the person to stop smoking or refuse them service. They're choosing the first, asking them not to smoke, and leaving it at that

"The first part says that we have to tell them to stop smoking, tell them that we don't allow it in the city of Madison, that they have to go outside. We do that to everyone who lights up," said Beck.

And if that person keeps smoking, the Locker Room doesn't do anything else to stop them.

A clever approach to bucking the smoking ban, says city attorney Michael May ... but one that he says will never hold up in court.

"...the ordinance makes it clear that people who own establishments have to take reasonable steps to keep people from smoking in there," said May.

May says the example that Beck thinks is a loophole, is only a suggestion to owners for how to self–police the ban ... not a way to get out of it.

And as a result, May says doesn't have a shot, at bucking the ban.