City’s smoking ban survives first legal fight
But enforcing the law might be tougher than officials imagined
The city’s public smoking ban has withstood its first court challenge.
Municipal Judge Randy McGrath on Friday ruled the ban was constitutional. But he also signaled that prosecutors will have a tough time enforcing the law — finding Lawrence club owner Dennis Steffes not guilty in four of five cases where he was charged with letting customers of Coyote’s Night Club and Last Call smoke in violation of the ban.
McGrath said prosecutors had not proven that Steffes knew about and ignored the smoking in those four cases.
“Neither side is going to be happy with this verdict,” McGrath predicted.
The four cases where Steffes was found not guilty stemmed from fire department inspections of his clubs. A “citizen” witness, who said Steffes ignored complaints about smoking at Coyote’s, instigated the only complaint that resulted in a conviction.
“I don’t think a fire official can walk into a bar, see people smoking and say, ‘You’re guilty,'” city prosecutor Jerry Little said. “They’re going to have to gather some evidence” proving that owners knew the law was being flouted.
Steffes’ attorney, Billy Rork, of Topeka, had a slightly different take.
“It tells the prosecutors they’re going to have to rely on private citizens (as witnesses to violations) instead of the fire department,” Rork said.
Kathy Bruner, of Clean Air Lawrence, which spearheaded the drive for the ban, said that wouldn’t be a problem.
She said the judge’s ruling showed that when nonsmokers complained, action would follow.
“We’ve got the law on our side,” she said.
The ban started July 1. After being charged, Steffes challenged the constitutionality of the city ordinance. Rork said the law conflicted with a state law giving restaurant and bar owners the authority to designate smoking and nonsmoking areas in their businesses. He also argued the ordinance was unconstitutionally vague on how owners were supposed to deal with violations.
McGrath disagreed, but said that both questions were “pretty close.”
Steffes said he would appeal the case to Douglas County District Court, meaning the constitutional challenge to the smoking ban will continue.
“This particular judge works for the city,” Steffes said, adding that McGrath “tactfully set this case to be ruled on by a higher court.”
McGrath fined Steffes $200 and required payment of $42 in court costs for the Aug. 28 incident at Coyote’s. The penalties will be put on hold pending the appeal.
6News video: City’s smoking ban found constitutional (04-15-05)
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