August 31, 2010

A Sedgwick County District Court Judge has rejected an injunction filed by Wichita businesses to block the state's smoking ban.

Judge Jeff Goering issued his ruling today. Judge Goering wrote, "regardless of the merits of the Wichita ordinance, a municipality cannot by ordinance permit that which state law prohibits".

15 businesses sought an injunction, saying their businesses and livelihoods would go up in smoke if the statewide smoking ban takes effect. They argued the state picks and chooses where smoking can occur, and where it does occur it's not regulated at all.

The statewide smoking ban went into effect everywhere except Wichita on July 1st. Under state law, smoking is allowed in state-owned casinos, country clubs, 20% of hotel and motel rooms, along with nursing homes and long term health care facilities.

Heat Cigar & Hooka Lounge owner Ali Issa, one of the plaintiffs, said he would consider moving his business to a country club where smoking won't be regulated.

Health and Tobacco Organizations Issue Joint Statement on Wichita Injunction Ruling

WICHITA, Kan., August 31 2010 – The American Cancer Society, the American Heart Association, the American Lung Association, the Kansas Academy of Family Physicians, the Tobacco Free Kansas Coalition, and the Tobacco Free Wichita Coalition applaud District Court Judge Jeff Goering’s ruling allowing the Kansas Indoor Clean Air Act to go into effect in Wichita as of today.

The Court’s decision ensures that all who live, work, and play in Wichita will now be protected from the proven dangers of secondhand smoke exposure pending the outcome of a lawsuit challenging the constitutionality of the new smokefree law. Implementation of the Kansas Indoor Clean Air Act throughout the entire state will lead to a decrease in deaths from heart and lung diseases and cancer, as well as a decrease in youth smoking.

“The passage of the Kansas Indoor Clean Air Act was a major step forward for our state,” said Chris Masoner, Government Relations Director for the American Cancer Society. “Since the law was implemented on July 1st, Kansans throughout the state have enjoyed breathing smoke-free air. We are pleased that Wichitans will finally be able to breathe easier as well.”

“Today’s ruling was another victory for public health. Wichita’s ordinance offers little more than the appearance of protecting public health and today’s victory means that the citizens of Wichita don’t have to choose between public accommodations and their health. We applaud the Judge’s ruling and are very happy that Wichita has joined the rest of the state in clearing the air in public venues,” said Kevin Walker, Regional Vice President of Advocacy for the American Heart Association.

“We are extremely pleased with the Judge’s ruling today,” said Jennifer Cofer, Vice President of Public Policy, American Lung Association, Plains-Gulf Region. “Kansas can now officially join the ranks of smoke-free states, ensuring that everyone who lives, works, and plays in Kansas has the right to breathe clean indoor air, regardless of age, where they work, or where they live.”