Enforcement of the city's smoking ban should continue, despite a lawsuit from a Lawrence bar owner challenging its constitutionality, a Douglas County District Court judge has ruled.
In a written ruling made public this afternoon, Judge Jack Murphy said that Lawrence bar owner Dennis Steffes had not shown there's any reason for the enforcement of the 18-month old ban to be halted while his case works its way through the system.
As part of his findings, Murphy also refuted several of Steffes' arguments regarding the constitutionality of the law. Murphy said he had not seen compelling evidence that the city's law was unconstitutionally vague or that it illegally superseded state laws governing the regulation of smoking. Both are key arguments in Steffes' lawsuit.
The order does not prohibit the lawsuit from continuing, though. Steffes - who operates the nightclubs Coyotes and Last Call - said he had not yet seen the order but does plan to continue with the case.
More about the smoking ban
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- On the street: Do you think Kansas should adopt a statewide smoking ban?
- Ban could snuff smoking statewide (06-28-06)
- Report: Dangers of secondhand smoke more pervasive than previously thought (06-28-06)
- 6News video: Judge rejects smoking ban suspension (06-06-06)
- Judge again upholds city's smoking ban (06-07-06)
- 6News video: Smoking ban remains contentious 18 months in (01-15-06)
- Effects of city's smoking ban still in dispute (01-15-06)
- 6News video: Judge rules in favor of city smoking ban (12-22-05)
- Judge upholds city smoking ban (12-23-05)
- 6News video: Suspension of smoking ban in hands of judge (12-17-05)
- Smoking ban now in judge's hands (12-17-05)
- Kansas Health Foundation Grant
- Douglas County receives grant to expand anti-smoking efforts (12-05-05)
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