State court will decide legality of smoking ban
Publication Date: 2006-08-29
- Author:Chad Lawhorn
- Publication:Lawrence Journal-World
Kansas Supreme Court agrees to hear arguments by opponent of Lawrences 2-year-old law.
The Kansas Supreme Court has agreed to hear arguments by Lawrence bar owner Dennis Steffes that the citys 2-year-old smoking ban violates the states constitution.
Meanwhile, city leaders said the ban would continue to be enforced.
We vigorously will defend the ordinance, Interim City Manager David Corliss said Monday...
Steffes also has argued that the Lawrence law illegally supersedes state law. Steffes interprets the state law as only allowing governments to require businesses to provide smoke-free areas, but says it does not allow a city to completely ban smoking within a business.
City attorneys, though, have argued the ban is constitutional and provides specific instructions. The ban doesnt supersede state law, they argue, because state law specifically allows local governments to pass ordinances more stringent than state law. City attorneys also note the Lawrence ban does not prohibit smoking in outdoor dining areas of a business.