Kansas bar and club owners will have to wait one more day to find out if their legal attack on a statewide smoking ban is successful.
Shawnee County District Judge Franklin R. Theis heard the bar owners' case for a temporary injunction against the ban Tuesday morning, and he will issue his ruling by 5 p.m. Wednesday.
The law, signed by Kansas Gov. Mark Parkinson in March, bans smoking in
most bars and restaurants, but is controversial for provisions that exempt state-owned casinos, class A clubs including VFW
posts and American Legion halls as well as class B private clubs
licensed
before January 1, 2009. All class B bars licensed after that fall under the ban.
Tuck Duncan, an attorney representing four bars and bingo parlors in the case, told The Pitch last week that he believes the law violates bar owners' rights and had no valid reasoning behind allowing some venues to allow smoking while banning it in others.
The timing is crucial for bar owners. Unless Theis issues the injunction, the the statewide ban goes into effect on Thursday and remain in effect during what could be a lengthy legal fight.
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A especially great article and excellent blog. Is there any way I can subscribe to new articles, you know like obtaining them on email or something like that.
Oh of course the state owned establishments are exempt. As long as they don't lose any business, who cares about anyone else.
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