A state district judge will decide in the next few weeks whether to temporarily suspend the smoking ban in Ames restaurants after he heard arguments from attorneys for the city of Ames and the owners of seven local restaurants.

“This community has known for some time it would likely be challenged in court,” said Fred Dorr, Des Moines attorney representing the restaurant owners. “The only community in the state with this ordinance is Ames.”

More than 800 cities in more than 20 states have similar bans, said George Belitsos, co-chair for the Ames Tobacco Task Force, a group of smoking-ban proponents.

At least 100 cities have had similar lawsuits, he said.

“It’s not unusual,” Belitsos said.

Dorr argued the ordinance, effective Aug. 1, contradicts chapter 142B of the Code of Iowa, which allows smoking in “public places.”

“The core issue is comparative power of government,” he said.

Dorr also said the state Legislature has the authority to “completely ban smoking in the state of Iowa, but they chose not to,” which causes inconsistencies in enforcement.

Dorr also said his clients have received “irreparable harm” in the eight weeks since the smoking ban took effect. The businesses are shutting down their kitchens early to comply with the exceptions listed in the ordinance, which “goes against everything we’ve been told as businessmen,” he said.

John Klaus, city attorney, said the smoking ban is a public health concern, and restaurant owners are “over fearful of impact on [their] pocketbook.”

“Change is a frightening thing,” Klaus said. “They’re worried, and we appreciate their worry.”

Klaus said city council members asked for input from restaurant owners while they were drafting the ordinance.

“The city council listened to fears and concerns and adopted a number of exceptions,” he said. “They tried to make an arrangement of rules we could all live with.”

Klaus said about 20 Ames residents submitted affidavits in support of the smoking ban.

“They cherish the freedom to breathe clean air, as they have for the past two months,” he said.

Dorr said there is a “four-part test” to decide whether to implement a temporary injunction.

The four parts are: the likelihood of eventual trial, an invasion of rights, substantial injury or damages and no other alternatives.

Carl D. Baker, state district judge from Marshalltown, will use this test before giving his ruling, which is expected in the next two weeks. Baker has up to 90 days to rule.