Ames is facing one more round in the battle to keep local restaurants smoke-free.

Owners of eight local restaurants filed a notice Tuesday to ask the Iowa Supreme Court to declare a city ordinance banning smoking in all Ames restaurants illegal.

The appeal comes after Carl D. Baker, state district judge from Marshalltown, ruled in favor of the city of Ames on Feb. 13.

City Attorney John Klaus said he was not surprised by the appeal.

“It was 50/50 – either they would or they wouldn’t,” Klaus said. “I don’t get surprised by 50/50.”

The Iowa Supreme Court is the last place the restaurant owners can appeal.

The lawsuit is based on Chapter 142B of the Iowa Code, which allows smoking in public places and public meetings within designated smoking areas.

The code also provides that smoking areas may be designated in public places “except in places in which smoking is prohibited by . ordinance.”

The plaintiffs include the 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.

Seven of the eight originally filed the suit near the end of September, claiming their businesses had suffered irreparable damages in the six weeks since the citywide smoking ban took effect Aug. 1.

Lovish, the last to enter the suit, joined in October.

Baker rejected a request from the plaintiffs for a temporary suspension of the ordinance in October.

Klaus said the case could last for up to another two years.

“It’s impossible to predict times,” he said. “But, in my experience, from the time the plaintiff’s briefs are filed, it’s 18 months to two years before a decision.”

Klaus said this case “will probably move a little quicker than most” because officials do not have to transcribe lengthy trial transcripts. Still, he said, it will likely be four months until both sides have completely filed briefs.

Fred Dorr, the Des Moines attorney who represents the restaurant owners, said the case is now “in the hands of the appellate court.”

He declined further comment.

George Belitsos, co-chair for the Ames Tobacco Task Force, a local group of smoking-ban proponents, said he expected the appeal.

“We anticipated they would leave no stone unturned,” Belitsos said.

“It’s a policy of Philip Morris and other big tobacco companies to fight at every level.”

Philip Morris USA, the world’s largest tobacco company, is financially backing the restaurant owners.

Belitsos said he believes the Supreme Court will also rule in favor of the city.

“[Baker] spent a lot of time after the hearing doing research,” he said.

“[The decision] is very solid, and I think it will be upheld.”

Belitsos said despite the hassle of the trial, it has produced some positive results around the state.

Eight other Iowa cities are following the lead of Ames and considering smoking bans, he said.

Before the trial, they were more cautious, Belitsos said.

“Those cities are becoming much more active with Baker’s ruling,” he said.