Kansas Smoking Ban Survives Constitutional Challenge

By: Associated Press Email
By: Associated Press Email

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Saturday, April 7, 2012

The Kansas Supreme Court has overturned a temporary injunction that had exempted some private clubs from the statewide public smoking ban.

In Friday's ruling, the justices ruled against the Downtown Bar and Grill of Tonganoxie. At issue was a provision that allows a certain type of private club to permit smoking as long as the license was obtained before Jan. 1, 2009.

The problem is the Tonganoxie bar didn't switch its license until May 4, 2009. That's after the Legislature began discussing the ban but well before it won passage and took effect in July 2010.

The bar said the cutoff wasn't fair. But the state argued it was necessary to make sure ordinary bars didn't switch to private clubs to avoid the ban.

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