ANKENY (AP) – A lawyer for a West Burlington bar that could lose its liquor license for violating Iowa’s smoking ban claimed during a hearing Friday that the rule violates the state’s constitution.

Darwin Bunger, an attorney for Otis Campbell’s Bar and Grill, told an administrative law judge that the smoking ban unfairly allows patrons to light up in some areas — mainly casinos and fairgrounds — while banning it in other areas.

“Iowa’s constitution, which is the supreme law of Iowa, has been violated … because of the multifarious privileges given to certain groups such as casinos,” Bunger said.

He added that the case was being heard in the wrong jurisdiction and should be decided by a judicial magistrate as he believes is required under the new law, which took effect on July 1.

The hearing at the Alcoholic Beverages Division in Ankeny was being held as part of a state effort to suspend or revoke the bar’s liquor license after repeated public complaints of violations of Iowa’s Clean Indoor Air Act.

The Iowa attorney general’s office filed a complaint last month alleging the “open and continuing failure” of the bar to comply with the ban. Liquor licenses can be denied or revoked for establishments that violate state laws.

The Iowa Department of Public Health reports that it received 48 public complaints from July 2 to Aug. 9 that Otis Campbell’s allowed or permitted smoking.

The agency issued three notices of potential violation to Coordinated Estate Services, Inc., of West Burlington, which does business as Otis Campbell’s Bar and Grill and Aunt Bea’s Cafe.

West Burlington Police Chief Alex Oblein and another officer testified about various times they witnessed smoking at the bar. Oblein said the bar’s owner, Larry Duncan, “always indicated to me that he does not intend to comply” with the smoking ban.

Oblein said he made another site check at the bar a day before the hearing, at the request of the state, and he observed smoking in prohibited areas, evidence of smoking in prohibited areas, ashtrays present and the absence of the required no smoking signs.

Oblein said complaints have been made, but citations haven’t been issued against the bar because the City Council believes the state should handle enforcement of its law. He said Duncan has made it clear he’s going to challenge the smoking ban, and the city can’t afford to pursue the case.

“They made the problem, they should be the one to handle it,” Oblein said of the state.

Brent Saron, who oversees enforcement of the smoking ban for the health department, said officials have tried to take an educational approach with the bar because they don’t want to see anyone pushed out of business.

“We would wish that they would comply with the Smokefree Air Act and that we wouldn’t have to go through this,” he said.

Duncan, who’s had liquor licenses for various establishments for nearly 40 years, said he chooses not to observe the law in order to get cited and open the door to a challenge in state court.

“It’s not a level playing field,” he said. “I don’t care whether casinos smoke, or they smoke at the state fair … but don’t deny my rights.”

A decision is expected in December. If Duncan’s license is revoked, he could appeal the administrative law judge’s decision to the Alcoholic Beverages Division director, and then to a district court.