Smoking cost!

Topeka ? District Judge Franklin R. Theis on Wednesday issued a temporary injunction affecting 31 Kansas businesses, keeping them from having to abide by the statewide smoking ban that goes into effect today.

The exempt businesses are private clubs, including the Downtown Bar and Grill in Tonganoxie, owned by Kevin Haislip. Shortly after the decision was announced, Haislip said he celebrated with a drink.

“I think it’s a start,” Haislip said. “I think anybody who wants a Class B club should have smoking if they want to. If you don’t want to be a member, don’t join.”

Haislip’s attorney Michael Merriam and an attorney for four Wichita businesses, Tuck Duncan, went Tuesday before Theis to argue why they believe the statewide smoking ban is unconstitutional.

The men argued their points for different reasons. Merriam said the ban was unfair because it provides an exemption for private clubs that obtained their license to operate before January 2009. Haislip obtained his license in May 2009, so he would have had to go smoke-free today.

Duncan claimed the ban was unconstitutional because it did not provide equal protection for business owners, because state-owned casinos are also exempt from the ban.

Theis issued a 16-page ruling that outlines his decision. He concluded that the Downtown Bar and Grill, along with other businesses that are considered Class B clubs, should not have to go smoke-free.

Kansas Attorney General Steve Six described the judge’s decision as a victory: “The rest of the state, the rest of the folks, will have the benefit of the smoking ban and all the things that go along with that to help public health.”

Gov. Mark Parkinson issued a statement shortly after the decision was announced: “While a temporary ruling has been issued affecting a small number of private clubs, this does not deter the state from pursuing this legislation’s ultimate goal.”

Wednesday’s decision will likely have no impact on Lawrence businesses. Although the city has a number of private clubs, Lawrence’s smoking ban applies to them.

According to Lawrence City Manager David Corliss, “We don’t believe the injunction impacts our local ordinance, because we are more stringent than the state law in that we don’t have a number of exemptions that are included in the state law.”

Six said he would continue to fight for the smoking ban as it was written: “The role of the attorney general is to defend the law that the Legislature passes, and we continue to appear in court and defend the smoking ban that was passed by the Legislature and signed by the governor.”

Both parties will have to appear in court at a later date for further argument. But for now, 31 businesses that earlier were included in the ban are now exempt.

And Haislip says, that’s good enough for him.

“It’s not done yet,” he said. “I’m happy for all the other bars that get to smoke, too.”