The issue of smoking in restaurants and bars is still a hot topic for debate among state officials and restaurant owners after a smoking ordinance was ruled non-enforceable over a month ago.

On May 7, the Iowa Supreme Court ruled in favor of eight restaurants that claimed the ordinance conflicted with state law.

Sen. Larry McKibben, R-Marshalltown, said he is not sure if the smoking ordinance will be a main topic at the regular session next year. McKibben is happy with the Supreme Court decision.

“I think the smoking ordinance was appropriately overturned,” McKibben said.

With the support of the Mary Greeley Hospital Board, Tobacco Free Iowa and other groups, an effort is going to be made to educate the state legislature about the need to amend the “offending” section of state law and re-establish the smoke-free dining ordinance, said Sen. Herman Quirmbach, D-Ames.

“It’s going to be a battle,” Quirmbach said. “I mean, that’s not a surprise.”

Quirmbach, a member of the Ames City Council for seven years, said the restaurants involved in the suit had the financial support of a large tobacco company.

“As it turned out, their legal bills were being paid by Phillip Morris,” he said.

Quirmbach was the original sponsor of smoke-free dining ordinance.

The ordinance originally prohibited smoking in Ames restaurants from 6 a.m. to 8:30 p.m.

Don O’Brien, manager of Dublin Bay, 320 S. 16th St., was a representative who fought to have the ordinance repealed.

“I didn’t think three or four people should decide how we should run our business,” O’Brien said. “We were going to fight for our rights and we did.”

The smoke-free dining ordinance, which went into effect in August 2001, has angered people who want to light up during a meal.

John Goetz, manager of Applebee’s, 105 Chestnut St., said Ames’ restaurants serve people on business and travelers from out of town who aren’t familiar with the smoking ordinance.

“Ames is a transient town,” Goetz said. “[Our customers] were upset.”

Applebee’s was not part of the suit that challenged the smoking ordinance. Goetz said his business was not affected financially by the smoking ban which lasted about two years.

The Supreme Court ruled the ordinance conflicted with state law, but the city and state attorney, district court judge and Quirmbach believed the ordinance was consistent with state law, Quirmbach said.

“Along the judicial line, it’s the Supreme Court of the state that gets the final say and they said otherwise,” Quirmbach said.

According to minutes from the Ames City Council meeting on May 13, 87 restaurants in Ames will voluntarily continue to comply with the smoking ordinance, including two of the eight restaurants involved in the suit. Seven other restaurants and all of the bars in Ames are planning to allow smoking in their establishments. O’Brien said Dublin Bay allows smoking on their outside patio at any time and inside in designated areas after 8:30 p.m.

Quirmbach said the ordinance had been very successful during its two-year run because no violation citations were written. There has also been speculation that restaurants in Ames would lose business because of the smoking ban, but no restaurant went out of business while the ordinance was in place.

“The adverse economic impact that was talked about never materialized,” Quirmbach said. “People go out, people eat, people drink, even if they can’t smoke.”

O’Brien said restaurants have everything on the line when it comes to the smoking ban and he’s glad the Supreme Court ruled in favor of the restaurants.

“I’m happy that we have the right to choose,” O’Brien said.