Several Ames residents plan to file affidavits supporting the city smoking ban in response to a lawsuit filed Monday by seven local restaurants claiming the ordinance violates the Code of Iowa.

George Belitsos, co-chair for the Ames Tobacco Task Force, a group of smoking-ban proponents, said about a dozen Ames residents plan to file affidavits.

Len Monte is one of those residents.

“[The lawsuit] is premature if not downright frivolous,” said Monte, member of the Ames Tobacco Task Force.

“It has only been six weeks,” Monte said. “I’m totally shocked they would use this six-week experience to try to mutilate something that has been under study for years.”

Monte said the citizens of Ames support the ordinance and he lays the blame on the owners.

“[The ban is] absolutely marvelous,” he said. “My perception is people are really enamored of this. I think it’s really irresponsible of the restaurant owners.”

The owners filed the suit Monday, claiming the smoking ban violated part of the Code of Iowa that allows smoking in public places or designated smoking areas.

“We’ll appear and resist that,” said John Klaus, city attorney. “We don’t believe they’ll be successful.”

Klaus said the city sought the opinion of Iowa Attorney General Tom Miller before the ordinance went into effect. He said Miller did not find the ban in conflict with the Code of Iowa.

Owners of the seven establishments refused comment and directed questions to their lawyer. Des Moines attorney Fred Dorr, who represents the restaurant owners, declined to comment.

Belitsos said the task force is “fully supporting the city in defense of the ordinance.”

He also said he is “pleased” only a handful of restaurants have filed a suit.

“There are more than 85 restaurants in Ames,” he said.

Belitsos said he thinks the restaurants “made a mistake” with the timing of the suit. He said out of 30 other cities in the country that have implemented smoking bans, not a single restaurant has said it lost business one year after the ban.

Belitsos called the restaurant business “very competitive,” and said “there are shifts in loyalties between restaurants all the time.”

“It’s hard to believe [restaurant owners] can pin all their problems on the smoking ordinance,” he added.

Belitsos said the lawsuit was not unexpected.

“We’re disappointed,” he said.

“But we’re not surprised that a few businesses felt unjustly threatened by something so important to public health.”