Lawrence bar owner Dennis Steffes is continuing his fight to have the city's smoking ban declared unconstitutional.
Steffes on Friday filed a new motion asking that enforcement of the ban be halted until a court determines the constitutionality of the ban. Douglas County District Court Judge Jack Murphy last month denied a motion to suspend enforcement of the 19-month old ban.
But Friday's motion asks Murphy to reconsider his ruling based on additional arguments. Specifically, Steffes - owner of Coyotes and Last Call - said the court did not fully consider that Steffes had been branded a criminal because of the three citations he has been issued under the new ban. Steffes' attorney William Rork of Topeka told the court that damage was irreparable.
Steffes also continues to argue that the ban is unconstitutionally vague because it does not specifically instruct business operators what they must do when someone is found smoking in their businesses. The city has argued that the ban is not vague, and that Steffes has not been damaged by the ban.
Murphy has tentatively set a hearing for March 7.