KANSAN.COM / THE UNIVERSITY DAILY KANSAN / WEDNESDAY, JULY 7, 2010 / NEWS
STATE
15.
31 private clubs exempt from ban
ASSOCIATED PRESS
TOPEKA — Kansas Attorney General Steve Six claimed a victory Wednesday after a district court judge issued a limited injunction barring a new statewide smoking ban from taking effect.
Shawnee County District Judge Franklin Theis issued a preliminary injunction sought by owners of bars and other businesses who claim the new law is unconstitutional. No court date was set to determine whether the order will be made permanent.
Six said after the ruling that the ban would take effect July 1 as scheduled for all but a narrow class of businesses. He said the group affected by the injunction includes 31 private clubs that were issued licenses after Jan. 1, 2009.
"The news is a victory." Six said of the ruling. "The state smoking ban was upheld."
The law prohibits indoor smoking in most public places, including bars, restaurants, bingo parlors and some private clubs. The gambling areas of state-owned casinos are exempted.
Leading the lawsuit was the Downtown Bar and Grill in Tonganoxie, which attorney Mike Merriam said would close if the ban went into effect.
Merriam argues the bar's property rights were being violated because the new law set a Jan. 1, 2009, cutoff date for a business to convert to a private club, where smoking is allowed
It received its private club license in May 2009, nearly a year before the ban was approved by legislators.
"We won. How could I argue with that?" Merriam said. "It would be nice if we could get it broadly interpreted to cover every other club. I think we might have an opportunity to have other clubs join in our effort."
Theis said in his ruling that the
January 2009 cutoff date for allowing smoking in certain clubs seemed an "unintended consequence" of the legislative process, but there didn't appear to be a reason for that date's selection. He said that part of the
ban needed further court review.
"It would be nice if we could get it broadly interpreted to cover every other club."
Theis' order doesn't affect a group of Wichita-area bingo and billiard clubs that sought to join the injunction. The judge said those clubs and those covered by the injunction would suffer financial harm by the potential loss of customers resulting from the ban.
Topeka attorney Tuck Duncan represents four Wichita-area businesses that contend the law treats
MIKE MERRIAM
Owner of Tonganoxie private club
Gov. Mark Parkinson, who supported the ban, issued a statement saying the ruling didn't "deter the state from pursuing this legislation's ultimate goal."
"It is encouraging that the Clean Indoor Air Act will continue to be implemented," Parkinson said. "Starting (Thursday) Kansans will begin benefiting from this historic, bipartisan legislation that will prevent secondhand smoke exposure, reduce teen smoking, and ultimately save thousands of Kansas lives for years to come."
the one state-owned casino in operation differently from their businesses. That casino is in Dodge City, with a second under construction in Kansas City.
Duncan's clients operate Bingo Royale
in Haysville, several Bingo Palace sites in Wichita and HEAT bars and Shooters billiard clubs in Wichita. Duncan argued that the same law that allows bingo parlors also permits casinos. And while the state maintains it has a financial
Theis said in his ruling that Duncan could voluntarily withdraw his efforts to join the injunction and file litigation elsewhere, or Theis would allow him to join and then dismiss his claim.
stimulates it has a financial interest in permitting smoking to attract customers, he said bingo and billiard halls also do.
"We will look at what other avenues may be available for relief for my clients, whom he found will be harmed." Duncan said.
Representatives for Johnston and Sarah Palin could not immediately be reached for comment.
tems and limit access to smoking areas.
Johnston says he also privately apologized to Sarah Palin, the 2008 Republican vice presidential nominee, and her husband, Todd.
A hearing is set for July 15 to determine if the Sedgwick County restraining order will be made permanent.
Associated Press
Johnston tells People he was
It's unclear which statements he was referring to, and Johnston couldn't immediately be reached for comment.
The 20-year-old tells People magazine in an online story posted Tuesday that since his untrue statements were made in public, "I owe it to the Palins to publicly apologize."
"unhappy and a little angry after breaking up with his former fiance, 19-year-old Bristol Palin, after their son's birth in December 2008. He says that against his better judgment, he said things about the Palins that "were not completely true."
Levi Johnston says sorry to Palin family
ANCHORAGE, Alaska — Levi Johnston has acknowledged telling lies about Sarah Palin and her family after splitting with the former Alaska governor's daughter last year.
NATIONAL
Every Wednesday
GREENER GRASS AT THE FOOT OF THE HILL
Frustrated?
BEAT THE BOOKSTORE
Buy & Sell College Textbooks
EMAIL YOUR PRE-ORDERS TO KU@ BEATTHEBOOKSTORE.COM
1741 MASSACHUSETTS ST
785-856-2870