Kansas Smoking Ban Takes Effect July 1

However, a restraining order delays the statewide smoking ban in Wichita.

June 29, 2010

WICHITA, KS - A Sedgwick County (Kansas) District Judge last week issued a temporary restraining order that prevents a statewide indoor smoking ban in Kansas, set to take effect on July 1, from applying to Wichita, The Wichita Eagle reports.

The order allows Wichita businesses to continue operating under its current smoking ordinance at least until July 15.

"To make a long story short, the state law will not be enforced in the city of Wichita on July 1," said Harry Najim, who sought the restraining order on behalf of three Wichita businesses.

Najim argued that Wichita's smoking ordinance is more restrictive than the state law, which takes effect Thursday.

Wichita's smoking ordinance reads, "Nothing in this act shall prevent any city or county from regulating smoking within its boundaries, so long as such regulation is at least as stringent as that imposed by this act.

"In such cases the more stringent local regulation shall control to the extent of any inconsistency." NOTE: For more on this conflict of laws, see this recent NACS Daily story.

Kansas' state law bans indoor smoking in restaurants, bars, workplaces, and other public area, though it exempts tobacco shops and the gaming floors of state-owned casinos. Najim said the new law also exempts Class A and B private clubs licensed before Jan. 1, 2009 and designated smoking areas of adult care homes.

By contrast, Wichita's ordinance does not carry those exemptions, though it stipulates proprietors can allow smoking if they buy a special permit, upgrade their ventilation system, and limit smoking rooms to adults.

Accordingly, Najim argued the state law "purports to be a comprehensive statewide smoking ban when in reality it is nothing more than a law that willy-nilly exempts special interests, including state-owned casinos. It could be likened to a slice of Swiss cheese."

The Kansas Attorney General's Office said lawyers would argue in favor of the state law at the July 15 hearing.

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