A local judge decided for the second time Wednesday that the smoking ban for Ames restaurants does not conflict with the Iowa Code.

Carl Baker, state district judge from Marshalltown, ruled in favor of the city of Ames, denying claims from owners of eight local restaurants that the ordinance violated state law.

“The Ames ordinance has eliminated the designation of smoking areas by its prohibition on smoking in all public places, except for certain listed exemptions,” Baker said in his ruling. “This provision does not conflict with the statute.”

The plaintiffs based their lawsuit 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; Wallaby’s, 3720 Lincoln Way; Dublin Bay, 320 S. 16th St.; Cafe Beaudelaire, 2504 Lincoln Way; Tradewinds Cafe, 115 5th St.; Whiskey River, 132 Main St.; People’s Bar and Grill, 2430 Lincoln Way; and Cafe 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 went into effect on 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.

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

Fred Dorr, the Des Moines attorney who represents the restaurant owners, declined to comment on the decision.

He said his clients are considering an appeal to the Iowa Supreme Court.

City attorney John Klaus also declined to comment.

Ames City Councilman Russ Cross, at-large, said he wasn’t surprised by the decision.

“We had an attorney general’s opinion that we had the authority to enact the ordinance,” he said.

Cross said he was pleased the ordinance was upheld.

“It is possible for those who don’t smoke to enjoy themselves and still allow smokers their rights – it just defines the times they can do it,” Cross said.

Ames resident Lenwood Monte, member of the Ames Tobacco Task Force, called the decision “satisfying.”

“It’s fair and right that it should be done this way,” Monte said. “It’s a factor of every person who works and eats in restaurants.”