Tonganoxie bar owner challenges state smoking ban

A Tonganoxie man has filed a lawsuit against the State of Kansas, claiming the smoking ban to take effect July 1 is unconstitutional. The suit was filed earlier this month. On Friday, four other Wichita-area businesses joined his suit.

Kevin Haislip owns the Downtown Bar and Grill at 622 E. Fourth St. in downtown Tonganoxie. He received his private club license in May 2009. Part of the statewide smoking ban allows businesses that received their private club license before January 2009 to be exempt from the law.

He claims that grandfathering in the earlier-established businesses is a violation of the equal protection clause under U.S. Constitution’s 14th Amendment. “If they can have smoking, why can’t we?” Haislip asked.

Haislip is preparing for the ban by building an outdoor smoking area for his customers. He estimates that 60 percent of the club members at the Downtown Bar and Grill are smokers.

A hearing is set for Tuesday in Topeka, where Judge Franklin Theis will hear arguments regarding the smoking ban.