Several Ames business owners have filed a lawsuit against the city of Ames, claiming the city’s “no smoking ordinance” is illegal, according to Iowa Code.

The businesses are wrong. Their suit is based on section 142B.2 of the Iowa Code.

Paragraph two in this section reads “Smoking areas may be designated by persons having custody or control of public places, except in places which smoking is prohibited by the fire marshal or by other law, ordinance, or regulation.”

Clearly, the city is not in violation of that code. It says smoking areas can be designated unless prohibited by an ordinance. However, just because the ordinance, which took effect Aug. 1, is legal, doesn’t mean it is good policy.

What some local businesses were afraid of is happening. They are losing business. The city assured them that this would not happen, yet not even two months after the ordinance took effect, business is down for some.

Jim Moran, general manager of People’s Bar and Grill, states in an affidavit that the business has declined significantly.

Section 4a reads “We have, and will continue to have, food sale losses alone of $500 to $700 per week and are also being forced to evaluate our food service operations overall. “It goes on to explain how the ordinance has forced the bar to close its kitchen at 3 p.m. Moran even gives a specific case in section 6.

“Customers have reported to us that instead of frequenting our establishment, they now go to Gilbert, Iowa to the Open Flame so they can smoke while eating and drinking at that establishment.”

Dirk Rozeboom, owner of Whiskey River, states in section 4a of his affidavit that his business lost approximately $1,000 the first week the ordinance took effect.

Section 4c reads “My food sale losses average $75 each day, Monday through Thursday, and $250 each day, on Friday and Saturday.”

The city was obviously wrong – business is down for some.

The law steps on the toes of private businesses by telling them they can’t allow a completely legal substance to be used on their property.

It is not necessary for the Ames City Council to legislate in such a manner. It should be up to a business as to whether or not smoking should be aloud on its premises.

If a person wants to avoid smoke in a restaurant, they can go to one that chooses not to allow smoking. Before people had options, now choice is non-existent.

Hopefully the city of Ames will come around and realize this law was wrong.

editorialboard: Andrea Hauser, Tim Paluch, Michelle Kann, Zach Calef, Omar Tesdell