Douglas County District Court Judge Jack Murphy heard arguments Tuesday from an attorney representing Lawrence bar owner Dennis Steffes, who claims the city's smoking ban is unconstitutionally vague and oversteps state law.
Steffes is asking the court to reconsider a December ruling denying his request to halt enforcement of the ban while his case works its way through the legal system.
Steffes' attorney - William Rork of Topeka - made two main arguments: The law is unconstitutionally vague because it does not tell businesses what steps they must take to avoid prosecution and the city's ban, enacted in 2004, oversteps state law that allows cities to reduce the size of designated smoking areas, not eliminate them.
Murphy rejected similar arguments in December. City attorneys argued again Tuesday that the ban is clear and guided by common sense. Steffes - who operates Coyotes and Last Call - has said he's committed to taking the case to the Kansas Court of Appeals if he loses in district court.