City's smoking ban under fire from supreme court

Publication Date: 2007-04-26

• Author:Chad Lawhorn
• Publication:Lawrence (KS) Journal-World

The court heard oral arguments Wednesday on a case filed by Lawrence bar owner Dennis Steffes, who contends the city’s smoking ban is unconstitutional.

The court said the earliest it would issue a ruling on the legality of the ban, which prohibits smoking in essentially all indoor work places, is June 8.

Much of the approximately one-hour hearing focused on whether the city had illegally superseded a state law that Steffes and his attorney contend allows the city to limit — but not entirely ban — smoking in public places...

Wheeler, though, said the city does have the ability to pass “reasonable restrictions to protect public health.� She also said the state law clearly says cities can pass ordinances that are more restrictive than the state law.