Group’s restraining order on smoking ban rejected
August 4, 2008
DES MOINES – Bar owners seeking a halt to the enforcement of Iowa’s smoking ban have lost their first battle in a lawsuit against the state.
In an order issued Monday, a judge refused to grant the coalition of bar owners a restraining order that would block state officials from enforcing the ban.
The umbrella group for the bar owners involved in the lawsuit, Choose Freedom Iowa, said it is “disappointed but not undaunted” by the court’s decision.
“Asking a judge to overturn the legislature is no small task. We fully understand that,” group leaders said in a statement.
The group filed the lawsuit on July 1, the same day the Iowa Smokefree Air Act went into effect. It argues that the ban, which prohibits smoking in nearly all public places, including restaurants and most bars, is unconstitutional.
In his ruling, Judge Douglas Staskal said the group’s only viable complaint is that the act unfairly allows smoking in some areas while banning it in other areas.
“The state has not offered any thorough explanation of the rationale for the challenged classifications,” Staskal said in the ruling. He added that the group has a “reasonable chance of succeeding” on that claim, but failed to show it could succeed on the others.
Staskal also found that the public has a strong interest in the health benefits the Iowa Smokefree Air Act is designed to promote.
“In conclusion, the public interest factor weighs heavily against the entry of the restraining order requested by the plaintiffs,” he wrote.
A couple of bar owners testified during a hearing last week that business has dropped off significantly since the ban was instituted. However, Staskal said the testimony was anecdotal and not supported by business records.
“The evidence that the plaintiffs have suffered or will suffer substantial economic harm as a result of the smoking ban is not strong,” he said in the ruling.
Leaders of the bar owners’ group said Iowans should be able to choose whether to visit bars and restaurants that allow smoking and that small businesses should be allowed to operate “in a manner which will help create jobs, grow our economy and satisfy their customers who choose to drive there.”
“Unfortunately, some in our government have temporarily taken away the freedom of Iowans to make their own choices of which bar or restaurant they want to visit,” the statement said.