Judge Upholds Iowa Smoking Ban

A bar owner had filed suit against the state for wanting to pull his license because of smokers at the bar.

April 05, 2010

DES MOINES, Iowa - A district court judge ruled that Iowa does have the right to uphold its statewide smoking ban, Radio Iowa reports.

"It certainly came out the way we had hoped it would, which is upholding the constitutionality of the Iowa law and the Smokefree Air Act??so for clean air, it was a big victory," said Lynn Walding, administrator of the Iowa Alcoholic Beverages Division.

Larry Duncan, owner of Otis Campbell??s, sued the state for threatening to pull his license after he allowed people to smoke in the bar. During the court case, the state let Duncan operate his business if he kept tobacco from the premises. The bar was in compliance during the proceedings.

Other cases surrounding the smoking ban had been placed on hold while Duncan??s case was being decided, but now those suits may go forward, Walding said. It is unclear at this time whether Duncan will appeal the decision.

Duncan argued that the smoking ban was unconstitutional because it exempted state-licensed casinos. "It is clear that there is a reasonable basis for exempting casinos," the court said. "Simply put, the state would lose too much money by banning smoking in casino gambling areas."

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