Until I read the article in the Sept. 26 Daily, I was unaware of the existence of chapter 142B of the Code of Iowa. After reading the article, and looking up that part of the code, I am left wondering if the city attorney and the advocates of the smoking ban were similarly ignorant when they wrote up our smoking ban. Since I think they probably were, allow me to quote it here.

142B.2: “Smoking areas may be designated by persons having custody or control of public places, except in places in which smoking is prohibited by the fire marshal or by other law, ordinance, or regulation.”

This section would seem to imply that local laws could be established to provide further distinction. However, if you read a little further on, you will clearly see that this is not the case.

142B.6 states very plainly that no local law shall supersede the above: “Enforcement of this chapter shall be implemented in an equitable manner throughout the state. For the purpose of equitable and uniform implementation, application, and enforcement of state and local laws and regulations, the provisions of this chapter shall supersede any local law or regulation which is inconsistent with or conflicts with the provisions of this chapter.”

The City of Ames does not have the power to overrule the state of Iowa. Therefore, as time will tell when the issue goes to the courts, the smoking ban in Ames is illegal. Since an illegal law is a contradiction, there is no reason to obey it. Restaurant owners and patrons should ignore this tyranny, and defiantly light one up in honor of our city’s officials.

For anyone who would like to have a look at the actual code for themselves, it can be found at:http://www.legis.state.ia.us/cgi-bin/IACODE/Code2001.pl

Jonathon Weaver

Senior

History