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Archive for Tuesday, December 6, 2011

Kansas Supreme Court to decide whether smoking is legal at Tonganoxie private club

December 6, 2011

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— Kevin Haislip is about to get his day in court.

The Kansas Supreme Court will hear arguments Wednesday in a case involving Haislip’s Downtown Bar and Grill in Tonganoxie. The justices will hear arguments centering on an injunction Kansas District Court Judge Franklin Theis issued in June 2010 against a state smoking ban at the bar and a few other private clubs licensed between Jan. 1, 2009, and July 1, 2010. A state law that forbids smoking in public places went into effect July 1, 2010.

The Kansas Attorney General’s office will argue against the injunction.

Theis upheld the anti-smoking law, but agreed with Haislip’s attorney that the Jan. 1, 2009, cut-off date was arbitrary because it allowed some recently opened private clubs to be grandfathered in against the smoking prohibition but not others. The Downtown Bar and Grill received its private club license in May 2009.

The Legislature established a cut-off date to prevent taverns from skirting the ban by changing status as the law was being debated.

Haislip said he was confident Supreme Court Justices would agree with Theis.

“I think we’ll probably be OK,” Haislip said Monday. “I think they’ll grandfather us.”

Although his name is on the lawsuit, other private clubs in the same cut-off date limbo joined his lawsuit, Haislip said.

“I wasn’t the only one in this lawsuit,” he said. “I haven’t spent a whole lot on it. I won’t spend any more. What they say is the way it will be.”

Comments

kansanjayhawk 2 years, 4 months ago

I'm in favor of allowing the market to decide. Regulations on air quality and provision of exhaust fans etc. may be an alternative to just a blanket prohibition on smoking by the government. This law is clearly an overreach by an overly large state government that needs to refocus on what is important to Kansas.

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jhawkinsf 2 years, 4 months ago

Nothing healthy happens in a bar. Alcohol, loud music, unhealthy food, etc. That's why it's limited to people over 21 years old. I'm as in favor of limiting smoking in bars as I am limiting McDonald's to minors.

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Jayhawk1958 2 years, 4 months ago

What does Obama have to do with the price of tea in China?

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atiopatioo 2 years, 4 months ago

I like smokers because they pay for so may things for the people that don't have any of their own money. It would be terrible to nationally ban smoking. Think of all the babies that could not be fed and housed without money from smokers.

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Jayhawk1958 2 years, 4 months ago

I hope we enact a national smoking ban. Maybe then the smokers will realize what they are doing.

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Jayhawk1958 2 years, 4 months ago

Smokers are the most selfish group of people I know. Why should they have rights when they are harming others? And I should know. I am fighting a second hand smoke issue for the last 10 months.

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cozborn 2 years, 4 months ago

In Kansas MOST but not all of what are commonly referred to as bars are actually private clubs[class a] that you should have a membership to enter or drink. {Open saloon act}

If the ABC [alcohol beverage control] comes to a bar and your drinking without a membership card, then the bar gets fined. They other ones are called class B and have to have at least 50% food receipts to prevent the class A classification.

Now I still don't think the government should be able to tell that a small private business cant let a legal activity occur on premise. That being said I think it should be up to the owner to choose smoking or not, drinkers will go to both, just the nonsmokers wont have to deal with the smoke.

I am actually a smoker that prefers non smoking bars, I see no problem with me going outside, I don't even smoke in my house. I just heartily disagree with not letting the owners choose.

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BABBOY 2 years, 4 months ago

Normally, I would not support any regulation that restricts freewill.

But, in all honesty, I just do not like smokers.

So........ I support the ban

(Besides it is funny to see them smoking in the cold because they cannot smoke inside)

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eotw33 2 years, 4 months ago

This place is not private at all. Anyone can walk in and drink, there are no memberships, or fees, or signage to indicate that is actually private or signage indicating they allow smoking. I went there for a beer 1 time and was instantly in a giant cloud of smoke. Needless to say I drank my beer and left. There is no "joining" process so private is not the key word, it is the loophole

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skinny 2 years, 4 months ago

That'd be fine if everyone paid for their own health care!

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Steve Miller 2 years, 4 months ago

Private is the key word. If it's private and smoking is allowed, then you should know before you join, if it bothers you, don't join ..

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