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News
Judge Rules Against Bar Owners on Smoking Ban
Posted 5 August 2008
A Polk County judge yesterday,
Monday, Aug. 4, refused to grant a coalition of bar owners a
restraining order that would block officials from enforcing Iowa's new
stop smoking ban, which went into effect July 1 statewide.
Bar owners seeking to stop enforcement of the ban lost their first
battle in their lawsuit against the state. The group filed the lawsuit
on July 1, the same day the Iowa Smokefree Air Act went into effect.
They argue the ban, which prohibits smoking in nearly all public places
including restaurants and most bars, is unconstitutional.
Judge Douglas Staskal says the group's only viable complaint in the
lawsuit is that the act unfairly allows smoking in some areas while
banning it in other areas.
But he says the public's interest in enjoying the health benefits under
the law outweigh the group's request for the restraining order.
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