After two years of fighting, the Ames smoking ordinance has been ruled not enforceable.

In August 2001, the city of Ames enacted an ordinance prohibiting smoking in all Ames restaurants between the hours of 6 a.m. and 8:30 p.m. Eight restaurants sued, claiming the ordinance conflicted with Iowa Code.

The Iowa Supreme Court ruled in favor of the restaurants on May 7.

The court based its ruling on a 1990 amendment to the Iowa Code, which states state laws pertaining to smoking in public places “supersede any local law or regulation which is inconsistent with or conflicts with the provisions of this chapter.”

Steve Soesbe, owner of Tradewinds Caf‚, 115 5th St., was one of the plaintiffs in the case. Soesbe said he is pleased with the Supreme Court’s decision.

“It’s what I expected it to be; what it should be,” he said. “We should be able to run our business how we want to.”

Although some restaurants have chosen to voluntarily comply with the ordinance, Soesbe said smoking will be allowed at Tradewinds after 2:30 p.m. After that time, Soesbe said Tradewinds becomes more of a bar than a restaurant.

“We’re a bar that happens to have a noon lunch,” said Soesbe.

Caf‚ Lovish, 2512 Lincoln Way, will also allow smoking during the day, with some restrictions. Ricci Kowalski, waitress at Caf‚ Lovish, said customers will be allowed to smoke in the restaurant as long as no one is eating.

“If people are eating, you can’t light up,” Kowalski said.

Kowalski said some patrons were confused when Lovish Bed erazack, owner of Caf‚ Lovish, joined the suit since the restaurant was basically non-smoking.

“It was just the principle,” said Kowalski.

Other plaintiffs involved in the suit were Cyclone Truck Stop, 1811 S. Dayton Ave.; Wallaby’s, 3720 Lincoln Way; Dublin Bay, 320 S. 16th St.; Caf‚ Beaudelaire, 2504 Lincoln Way; Whiskey River, 132 Main St.; and People’s Bar & Grill, 2430 Lincoln Way.

Sen. Herman Quirmbach, D-Ames, who was on the Ames City Council when the ordinance was enacted, does not agree with the decision made by the Supreme Court.

“It sets the state back 20 years as far as health is concerned in terms of progress in protecting people from second-hand smoke,” said Quirmbach.

Quirmbach said that second-hand smoke kills 53,000 people a year.

“Mind you this is second-hand smoke,” he said. “This is not what smokers do to themselves.”

Sixteen hundred cities in the United States now have some kind of restriction on smoking in restaurants, said Quirmbach. Ames was the first in Iowa. The decision puts cities’ ability to ban smoking in Iowa “in limbo,” he said.

At the May 13 city council meeting, the council voted to repeal the smoking ordinance. The motion required four votes to pass. It failed, receiving only three of the six votes.

In the same meeting, the city council voted unanimously to recommend to the state legislature that power to regulate smoking in public places be given to local governments.

Quirmbach agreed that this needed to be done. “Give us a chance at the state legislature to fix things,” he said.

Tom Miller, state attorney general, called for the state legislature to take action, said Quirmbach.