A Lawrence bar owner filed a lawsuit late Monday seeking a court order prohibiting the city from enforcing its smoking ban.
Dennis Steffes, owner of Coyotes and Last Call, filed suit claiming the smoking ban is unconstitutional because it is too vague and improperly supersedes state law. As part of the suit, Steffes asked the court to prohibit the city from enforcing the ban against smoking in virtually all indoor workplaces until the constitutional issues are settled.
"We believe we have exposed a lot of questions and flaws with the ordinance that need to be answered," Steffes said.
David Corliss, assistant city manager and director of legal services, said he had not seen the new suit, but said the city was confident the ban was constitutional.
"We will vigorously defend the ordinance," Corliss said.
Corliss also said the city would oppose all efforts to halt enforcement until the constitutionality argument is resolved.
"We think state law is clear that we can adopt an ordinance that is stricter than the state's (smoking statute), and that is what we have done," Corliss said.
City commissioners had been scheduled to discuss changes to the smoking ordinance that would add new language spelling out what business owners must do when they see someone smoking in their establishments. But Corliss said the issue would be deferred until Aug. 9 at the request of an attorney who has a client interested in the subject.
Steffes had previously been cited for violating the city's smoking ban at his two night clubs. A municipal court judge found Steffes innocent on four of five charges. Steffes appealed to Douglas County District Court his conviction on the fifth charge. City prosecutors late last month dropped the charges in that case.
After those charges were dropped, Douglas County District Court Judge Jack Murphy ruled Steffes no longer had legal standing to appeal the constitutionally of the ordinance. The court, though, left open the possibility of Steffes challenging the constitutionality through a new civil case.
Comments
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merrill (anonymous) says…
What is your address Marion? When would you like photos to be taken?
kuhusker (anonymous) says…
I don't think anyone cares if you smoke in your own store. Like most laws, this one will be selectively enforced.
Go 10 miles over the speed limit on K-10, and again in a school zone during morning rush hour...the latter will probably get you a ticket, but the former won't. Same thing goes with smoking in your own place vs lighting up in a crowded restaurant.