KS Supreme Court Upholds Smoking Ban

TOPEKA, Kan. (WIBW) - The Kansas Supreme Court reversed a Shawnee County District Court ruling Friday on a portion of the state's indoor smoking ban law.

The Downtown Bar and Grill in Tonganoxie challenged an exception to the state's indoor smoking ban approved in 2010. The law said private, liquor-serving clubs could only allow smoking if they were licensed as such before January 1, 2009.

Downtown Bar and Grill argued the law was unconstitutional because lawmakers had no rational basis for selecting the cutoff date.

A Shawnee County District Court judge agreed with the business, but the Kansas Supreme Court agreed with the state, which said it needed a date to prevent bars from reorganizing as private clubs while the legislation was being considered to get around the ban.

A copy of the court's decision is attached.


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