For the moment, the Ames smoking ordinance will remain in effect.

Carl D. Baker, state district judge from Marshalltown, ruled in favor of the city of Ames Tuesday afternoon, denying a petition by the owners of seven local restaurants to temporarily stop the enforcement of the smoking ban.

Plaintiffs argued the ordinance conflicted with Chapter 142B of the Iowa Code, which allows smoking in public places.

Baker disagreed.

“There is no indication that the state Legislature, in enacting Iowa Code chapter 142B, intended to preempt the field of regulation of smoking throughout the state,” Baker said in his ruling.

Baker said the ordinance does not conflict with state code.

“The plain meaning of section 142B.2 is that in places where smoking is prohibited by the fire marshal or by other law, ordinance or regulation, smoking areas may not be designated,” he said in the ruling. “Section 142B does not give blanket permission to restaurants to designate smoking areas. Permission is given only when other law does not prohibit smoking.”

Baker also placed heavy emphasis on the statements submitted by the restaurant owners and Ames residents who supported the ordinance.

“Statements from the non-smoking public that they are now drawn to businesses which they formerly avoided . cast some doubt on the plaintiff’s contention of great or irreparable injury,” he said in his ruling.

Fred Dorr, the Des Moines attorney representing the restaurant owners, said he has filed another petition for a judge to make a “final determination on the law.”

“We’ll have to wait and see,” Dorr said. “The main action hasn’t been heard yet. This decision doesn’t affect that petition.”

Dorr said he doesn’t know when a judge will hear the case in court.

George Belitsos, chairman of the Ames Tobacco Task Force, said the decision “gets us to second base in our efforts to defeat Philip Morris and the restaurant owners that are the plaintiffs.”

He said the smoking ban will continue to be enforced during the trial, which may last several months.

Belitsos said he is “very happy” with the ruling.

“It’s not only a win for the Ames Tobacco Task Force and the City of Ames,” he said, “but for the citizens of Ames and the thousands of visitors . who have reaped the benefits of smoke-free dining.”