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Legal challenge to Kansas City smoking ban fails
St. Louis Post-Dispatch
10/8/2009
The state Supreme Court has rejected a challenge to Kansas City’s smoking ban in indoor public places. The court did not accept to an argument that the city could not ban smoking in places where it was allowed or not mentioned in a state law.
Charles Gatton, chairman of County Citizens for Cleaner Air, the campaign committee for a ban in St. Louis County, said on Thursday said the court’s decision makes clear that “there is no question about the legality of” the county smoking ban proposal.
Although the court has dealt with one major issue on smoking bans, others may arise, Bill Hannegan, an opponent of smoking bans for St. Louis and St. Louis County, said. County voters will consider a smoking ban Nov. 3. A committee of St. Louis aldermen sent a city smoking ban to the full board.
In Kansas City, Georgia J. Carlson, operator of JC Sports Bar, violated that city’s smoking ban to set up a test case. She argued the state law gives bars an exemption and the city could not prohibit smoking there.
Kansas City Associate Circuit Judge Richard Standridge in January ruled Kansas City could impose stricter requirements. The state law did not prohibit other entities from regulating smoking, he said.
The western district of the Missouri Court of Appeals in June agreed. And in August, the state Supreme Court declined to hear the case.
Meanwhile, the Clayton Chamber of Commerce has scheduled a short debate for Oct. 26 between County Councilwoman Barbara Fraser, D-University City, the sponsor of the smoking ban, and Hannegan. The session will start at 6:30 p.m. at the Clayton community center, 50 Gay Avenue Clayton.
The candidates to fill a vacancy in the 73rd state representative district in the Richmond Heights area also will debate. They are Stacey Newman, a Democrat, and Daniel O’Sullivan Jr., a Republican.
Assistant Clayton Fire Chief Paul Mercurio will make a three-minute presentation about the proposal on the Nov. 3 ballot for a 0.1-cent sales for a countywide emergency communications system. |
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