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Utah man who was sprayed in the face with a fire extinguisher plans to sue

A Utah man is suing a former Salt Lake City business owner, saying he was assaulted when the man sprayed him in the face with a fire extinguisher for smoking near the man’s restaurant.

Jon Bird told FOX 13 he continues to suffer from respiratory issues and eye problems a week after he was attacked by Alex Jamison.

Bird lit a cigarette near the Gallivan Center while volunteering for the Urban Arts Festival on Sept. 20.

He was asked to put out the cigarette because he was close to a vegan eatery owned by Jamison. Bird chose to move away from the location. Hours later, Jamison returned to spray him with a fire extinguisher.

“I never thought he would spray me in the face if I put [the cigarette] in my mouth,” Bird said.

A video of the assault was uploaded to Facebook and has been viewed 130,000 times. The Salt Lake City Police Department has completed an investigation and sent it to the county prosecutor to determine if criminal charges could be filed. Christian Burridge, who represents Bird, said they plan on filing a civil suit in the next two weeks.

“We think it is totally inappropriate for a local business owner to take the law into his own hands and be the judge, the jury, and give a verdict and executioner all at one time,” Burridge said.

On Facebook, Jamison said he was sorry and that he didn’t mean to cause the man harm or pain. Jamison wrote that he has previously asked Bird to “walk 30 feet south to the ‘Designated Smoking Area.'”

“Never have I received the smug refusal that I got on Friday,” Jamison wrote. “Never have I had someone continue to blow smoke in my face, to give excuses as to why they’ve got the right to smoke on private property that isn’t theirs. With friends hanging out, not working, also smoking.

See more at FOX 13.

Editor’s note: The Salt Lake Tribune and FOX 13 are content-sharing partners.