photo by: Ashley Hocking

Kansas Supreme Court Chief Justice Lawton Nuss speaks to an attorney during oral arguments at the Lied Center of Kansas on Monday, April 1, 2019.

Hundreds of people came out to the Lied Center to witness the Kansas judicial system in action Monday evening when the Kansas Supreme Court held a special session hearing in Lawrence, the first time it has visited the Douglas County city in its 158-year history.

The audience members got to share a few laughs with the court’s justices too.

Chief Justice Lawton Nuss said the court has attempted to hold hearings throughout Kansas since 2011 to help educate Kansans on the judicial process and the purpose of the court. He said the tour, which has taken the court to many cities across the state, has mimicked the Beach Boys song “I Get Around.”

photo by: Ashley Hocking

From left, Kansas Supreme Court Justice Dan Biles, Justice Eric Rosen, Kansas Court of Appeals Chief Judge Karen Arnold-Burger, Chief Justice Lawton Nuss, Justice Carol Beier, Senior Judge Michael Malone and Justice Caleb Stegall listen to oral arguments at the Lied Center of Kansas on Monday, April 1, 2019.

Nuss also explained the court may operate in a different manner than what the audience may believe, alluding to court television shows that operate outside of legal framework and have asked spectators to weigh in on the cases.

“Tonight we will not conduct a public opinion survey or ask you to tell us how you think we should rule on these cases,” he said, receiving laughs from the audience. “But we will ask the attorneys questions to help us do our job, which is to interpret the law and make decisions the law requires.”

During the hearing, the court heard arguments for two cases.

The first case was Dwagfy’s Manufacturing Inc. — doing business as The Vapebar Topeka and Puffs ‘n’ Stuff LLC — versus the City of Topeka and its governing body. The case involves a challenge to a 2017 city ordinance banning the sale of tobacco and nicotine products to anyone under 21. Dwagfy’s sought a temporary restraining order and permanent injunction of the ordinance, and the district court granted the temporary restraining order and later permanently enjoined the city from enforcing the ordinance.

photo by: Ashley Hocking

Topeka Deputy City Attorney Mary Feighny presents her oral arguments before the Kansas Supreme Court at the Lied Center of Kansas on Monday, April 1, 2019.

The second case was from Wyandotte County and features an appeal of the felony murder conviction of Jason L. Rucker in the 1997 homicide of Vicky Ernst. The case was cold until 2006, when a DNA match identified Torry Johnson as a suspect, and Johnson told investigators it had been a failed drugs-for-sex deal, implicating Rucker and someone else. Issues include whether there was sufficient evidence to support the conviction and whether the trial court erred in admitting photos of the victim.

Some Lawrence residents who attended the event said they were excited to attend because they are interested in the judicial system.

“I’ve had an interest in the courts and how they process (cases) and I’ve never actually been to a Supreme Court case,” said Michael Eravi. “I think the oral argument part is interesting to me.”

Janet Horner said she watches several law related television shows and she has always been interested in the conflicts that arise in courtrooms.

“Neither one of these cases drove me to come, but I’m just interested in the process,” Horner said.

Mary Shelton said she too attended because of her interest in court cases, but noted she did not know much about the two that were heard on Monday. She said she always wanted to make a trip to Topeka to see a Supreme Court hearing, but never made it. When she heard the court would make an appearance in Lawrence, she said she knew she had to be there.

“I think everybody should try to come out when you get the opportunity,” she said.

photo by: Ashley Hocking

The Kansas Supreme Court listens to oral arguments at the Lied Center of Kansas on Monday, April 1, 2019. This was the court’s first visit to Lawrence in its 158-year history.

Tobacco case could affect Douglas County ordinance

One of the two cases the court heard on Monday, The Vapebar Topeka and Puffs ‘n’ Stuff LLC v. City of Topeka, could have ramifications for a Douglas County resolution approved last fall.

In September, the Douglas County Commission approved a resolution that set a rule barring the sale of e-cigarettes and tobacco products in the county’s unincorporated areas to people under the age of 21.

But the Vapebar Topeka and Puffs ‘n’ Stuff challenged the City of Topeka’s similar ordinance, known as a “Tobacco 21” ordinance, claiming in the lawsuit that state lawmakers, not cities, have the authority in such laws. Shawnee County District Judge Franklin Theis agreed and issued a permanent injunction on the ordinance, barring its enforcement, in March 2018.

The City of Topeka appealed the ruling, which set the case on the path to the Kansas Supreme Court to make a final decision.

During the hearing on Monday, Mary Feighny, deputy attorney for the City of Topeka, argued the city’s ordinance does not violate the Kansas Cigarette and Tobacco law because the Kansas Constitution’s Home Rule Authority gives cities and counties certain authority over state laws, including creating ordinances that are more restrictive than state law. She noted the law does not “expressly” prohibit the city’s ordinance from being more restrictive than the state’s law.

photo by: Ashley Hocking

Topeka Deputy City Attorney Mary Feighny presents her oral arguments before the Kansas Supreme Court at the Lied Center of Kansas on Monday, April 1, 2019.

Robert Duncan II, an attorney representing The Vapebar Topeka and Puffs ‘n’ Stuff, argued the Topeka’s ordinance does conflict with the law. He said the law is “comprehensive,” suggesting that even though it does not spell out legalizing the sale of tobacco products to people between the ages 18 to 20, it is implied.

He also argued the city’s ordinance does not prohibit people under the age of 21 to use the products, just barring businesses from selling those products to them, which is a conflict of law itself.

photo by: Ashley Hocking

Robert Duncan II presents his oral arguments before the Kansas Supreme Court at the Lied Center of Kansas on Monday, April 1, 2019. Duncan is the attorney for Dwagfy’s Manufacturing Inc., d/b/a The Vapebar Topeka and Puffs ‘n’ Stuffs LLC.

After hearing the arguments, Nuss said the court would take the case into consideration.

If the court rules against the Topeka ordinance, the Douglas County resolution may go down with it.

Karrey Britt, a spokeswoman for the county, said Monday before the special session hearing that the county’s counsel is monitoring the case.

The Lawrence City Commission considered a Tobacco 21 ordinance in the fall, but stalled on taking any action in October because of the pending court case.

photo by: Ashley Hocking

Kansas Supreme Court Justice Eric Rosen and Kansas Court of Appeals Chief Judge Karen Arnold-Burger listen to oral arguments at the Lied Center of Kansas on Monday, April 1, 2019.