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K.C. smoking ban upheld by Court of Appeals
6/24/2009

A Kansas City ordinance banning smoking in public places, including restaurants and bars, was upheld in a ruling by the Missouri Court of Appeals.
The ruling, handed down June 23, said the city ordinance did not conflict with Missouri’s Indoor Clean Air Act.
Georgia Carlson, of JC’s Sports Bar, a Kansas City North bar, was contesting a fine for allowing smoking in the establishment, and argued the city ordinance conflicted with the ICAA because the state statute excluded certain types of bars and pool halls from its definition.
The court opinion, written by Judge Thomas Newton, said the city ordinance could not prohibit what the state statute allowed or allow what the state statute prohibited, but in this case, the city ordinance merely prohibited more than the state statute. Therefore, the two measures were not conflicting, the opinion said, and the city ordinance was valid.

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