City snuffs out smoking ban charges / LJWorld.com

City prosecutors confirmed Friday that they have dropped charges against a Lawrence nightclub owner accused of violating the city's smoking ban because they said the case was no longer worth their time.

But Dennis Steffes, owner of Coyotes and Last Call, said city prosecutors have dropped charges against him because they are afraid if the case proceeded the city's smoking ban may be ruled unconstitutional.

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"It was a game of chicken and they swerved," Steffes said about the city's action.

Steffes, though, said he'll ask Douglas County District Court Judge Jack Murphy to allow the case to continue because the dismissal of charges does nothing to address the arguments Steffes has made that the ban is unconstitutional.

"I have been in business in this town for 22 years," Steffes said. "I'm tired of just fading out and going away. This (ban) was the straw that broke the camel's back. I'm going to see this through. We have to reach a compromise on this."

City prosecutor Jerry Little, though, said the city's decision to drop the charges has nothing to do with a fear that it would lose an argument about the constitutionality of the ban.

"We looked at this from a cost-benefit analysis and it is just not worth the $100 fine that is at stake," Little said. "We don't want to waste the court's time here. But we're prepared to defend the constitutionality of the ordinance, if that is what is needed."

But Little said the city's position is that Steffes no longer has legal standing to make the constitutional challenge since there are no longer charges pending against him.

Steffes was charged with five counts of violating the city's smoking ban in April. The city's Municipal Court found him innocent of on four of the five counts. He appealed his one conviction to Douglas County District Court.

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lunacydetector (anonymous) says…

sounds like the bar owner should've let himself get convicted, then appealed.

if he can, the bar owner should fight this to the end.
June 24, 2005 at 8:29 p.m.
Baille (anonymous) says…

He did. "He appealed his one conviction to Douglas County District Court." Then the city prosecutors dropped their charge.

City prosecutor Jerry Little says the city's position is that Steffes no longer has legal standing to make the constitutional challenge since there are no longer charges pending against him. However, they may not be a tenable position.

"Issues or wrongs capable of repetition, yet evading review are not moot." I would like Mr. Steffes to be allowed to take this issue to its ultimate resolution.
June 24, 2005 at 8:54 p.m.
moderationman (anonymous) says…

The smoking ban is a good thing. It is not unconstitutional. To think such is to think like the Ks Legislature. Not only will the ban increase business over the long term, it will, if New York City is any indication, have the added effect of reducing cigarette consumption. BTW, the biggest backers of the ban in NYC are now the bar owners. Steffes and the locals are a bunch of whiners who either can't or won't adapt to a changing reality.
June 24, 2005 at 9:22 p.m.
lunacydetector (anonymous) says…

i'm with you baille. i haven't been following the case well enough, or reading the articles close enough.

as for moderationman, i think it is ridiculous that the bar owner gets hit if someone else commits the crime. if a landlord with an apartment building has some tenants who get caught smoking within the building's hallways, the landlord is subject to be ticketed as well, that is, last i heard. is THAT fair?
June 24, 2005 at 10:15 p.m.