In August 2001, just about a year and a half ago, the city of Ames took on a pro-active role to curb the effects of secondhand smoke on Ames residents by enacting a citywide ordinance banning smoking in public restaurants. On Feb. 21 a lawsuit filed by Ames restaurants — that rightfully lost at the district court level — will be heard by the Iowa Supreme Court.

Eight Ames area restaurants are involved in the lawsuit, which is backed by Phillip Morris USA, the world’s largest tobacco company: Cyclone Truck Stop, 1811 S. Dayton Ave.; Wallaby’s, 3720 Lincoln Way; Dublin Bay, 320 S. 16th St.; Caf‚ Beaudelaire, 2504 Lincoln Way; Tradewinds Caf‚, 115 5th St.; Whiskey River, 132 Main St.; People’s Bar & Grill, 2430 Lincoln Way; and Caf‚ Lovish, 2512 Lincoln Way.

If the Supreme Court believes it is the job of local and state governments to protect the people, then it will uphold the ban.

At the focus of the lawsuit is Chapter 142B of the Iowa code, which allows smoking in designated public areas.

The same chapter states that the code will supersede all local laws that are inconsistent with the code.

Although this makes a promising argument for the businesses, it is notable that the same law dictates that smoking will be allowed in places where it is not prohibited by ordinance — such as in Ames.

This stipulation, by language itself, requires that the Iowa Supreme Court find the ban not in violation of the Iowa Code, just as the district court held in February 2002.

All of the litigation over the ordinance started just six weeks after the ban went into effect. The businesses that filed suit claimed irreparable damage had been done to their revenue.

Jim Moran, general manager of People’s Bar & Grill, wrote in his affidavit that his business was losing $500 to $700 per week.

Unfortunately for Moran and other restaurant owners, health comes before money. According to the Centers for Disease Control and Prevention, Beverly Kinglsey, M.D., epidemiologist for the CDC’s office on Smoking and Health, said, “Every year as many as 3,000 nonsmokers die of lung cancer and at least 35,000 nonsmokers die of heart disease caused by inhaling second hand smoke.” Studies by the Environmental Protection Agency have also found that secondhand smoke can cause serious respiratory problems in children.

These significant findings substantiate the smoking ban; it can save lives.

If the high court finds in favor of Big Tobacco and the restaurants involved in the suit, it is putting people at risk. If someone chooses to smoke and develops emphysema or lung cancer so be it, but let them not take innocent bystanders with them.

Editorial Board: Cavan Reagan, Amber Billings, Ayrel Clark, Charlie Weaver, Katie List