WICHITA A trial to determine if the Wichita smoking ban is stricter than the new statewide law has been postponed.
Judge Timothy Lahey on Monday granted a continuance to allow more time for discovery, according to court documents.
The trial, originally scheduled for Aug. 30, is the next step in determining if smoking should continue to be allowed in designated “smoker friendly” establishments permitted under a Wichita ordinance that was adopted prior to passage of the statewide ban.
Fifteen Wichita businesses are challenging a new statewide indoor smoking ban, arguing that exemptions in the law for state-owned casinos and other types of businesses make it unconstitutional and less strict than a Wichita ordinance adopted before passage of the state law. If a court determines that is the case, the Wichita ordinance may be allowed to stand because of the city’s “home rule” powers under the state constitution.
The Wichita city ordinance, approved in 2008, allows businesses that prohibit minors to purchase $250 licenses to allow smoking inside. Smoking rooms with separate ventilation systems may also be constructed in certain locations.
A temporary restraining order granted in June is allowing the businesses challenging the state law to continue to operate in accordance with the ordinance pending the outcome of the trial.
The Sedgwick County case is unrelated to a separate temporary injunction granted in Shawnee County District Court in late June that stopped enforcement of the ban in some class A and B private clubs.
|
|
Tweet |
Comments