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Missouri Court of Appeals hears arguments on KC smoking ban
The Kansas City Star
5/21/2009
The fate of Kansas City’s voter-approved smoking ban now rests with the Missouri Court of Appeals.
Lawyers for the city and a group opposing the ban squared off Thursday in arguments before the appeals court.
At issue is whether Kansas City’s prohibition against smoking in small bars and billiard parlors complies with state law.
Voters approved the comprehensive smoking restriction in Kansas City bars and restaurants in April 2008. It took effect last June.
JC’s Sports Bar in Clay County was ticketed in Municipal Court for violating the ban, and appealed the case. Jackson County Circuit Judge Richard Standridge refused to dismiss the charge and found the ordinance did not violate the Missouri Constitution, prompting the appeal.
Jonathan Sternberg, representing JC’s, argued Thursday that Kansas City is not allowed under state law to regulate smoking in bars, billiard parlors and restaurants that seat fewer than 50 people. He said smoking in small bars such as JC’s is specifically permitted under the state’s Clean Indoor Air Act, and the city cannot prohibit what state law allows.
He asked the court to reverse the ruling by Standridge.
Assistant City Attorney Lowell Gard said Missouri’s Clean Indoor Air Act specifically contemplates stricter smoking regulations by local ordinance.
“It is ridiculous to say that the voters of this city cannot exercise its police power to protect the public’s health, safety and welfare from the effects of secondhand smoke,” Gard said.
A ruling by the appeals court is expected this summer.
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