Missouri Court of Appeals Upholds Kansas City Smoke-Free Law
Earlier today a Missouri court rejected a challenge to a Kansas City law mandating restarant & bars be smoke-free.
The [Missouri Court of Appeals] affirmed Kansas City’s comprehensive smoking ban. An appeal had been filed by JC’s Sports Bar in Clay County.
Jonathan Sternberg, the attorney representing the bar, had argued that Kansas City is not allowed to regulate smoking in bars, billiard parlors and restaurants that seat fewer than 50 people because state law permits smoking in such places. He said Kansas City’s strict smoking restrictions are in conflict with state law and violate the Missouri Constitution.
But the city argued that state law does not “permit†smoking in bars, small restaurants and billiard halls; it simply leaves those places unregulated, and cities can still impose smoking restrictions there. The court of appeals agreed, saying that Kansas City’s authority to enact the ban was not denied by other laws. (Source)
The pro-smoking lobby was counting on the court to tell a municipality they could not create stricter laws than the state. Comments on earlier posts reflected this viewpoint. From April 17th:
The Missouri courts are about to strike down all municipal bar/restaurant smoking ordinances in the state. The state says that bars, taverns, restaurants that seat less than 50 people, bowling alleys, and billiard parlors “are not considered a public place” for the purposes of smoking regulation as long as they post signs saying “Nonsmoking Areas are Unavailable.” Cities can’t redesignate those places as “public places” and ban smoking in them completely.
And from a different person on June 2nd:
Steve, I’d be glad to bet you or anyone else 100 dollars that the Ballwin smoking ban will be gone by the end of this summer.
A state can tell counties and municipalities when they are not permitted to enact stricter laws but in the absence of such a limit these entities are free to do so. So sorry guys, do your smoking at home. Nice timing from the court too. Following on the heals of a new federal law regulating tobacco products and just days hearings on a bill to create a smoke-free St. Louis, BB46, is heard in committee at the Board of Aldermen (June 30th).
– Steve Patterson
Great news. Let’s hope St. Louis follows the lead of its neighbor to the west (and 40 of the 60 largest cities in the US).
First off there you go again with the Pro-Smoking Lobby stuff. Quite frankly I don’t care if people smoke or not. I don’t promote tobacco products (unless its a fine cigar that I’ve smoked) and somebody ask, I’ll give my opinion that they should quit. However I don’t want the government to ban what a minority or even a majority doesn’t like. People make choices good and bad everyday from unprotected sex to the food they consume. If you don’t like smoke – simply avoid places that ban it. St Louis City alone has over 250 (not counting fast food) restaurants within its limits. If thats not enough for you – well then go to the county were they have hundreds. If thats still not enough for you – well thats your problem.
Read the decision… it’s going to the Mo. Supreme Court. The Court of Appeals had to overrule Supreme Court precedent in the bartender’s favor in order to reach its conclusion. It ain’t over until the Chief Justice signs something…
Actually there is a smoke-free bowling alley I believe in South County. I’ve heard a couple of others ones confine it to the bar. The one in the county I heard about on a KMOX interview.
But if bowling is your thing – then by all means you should give all your support to that bowling alley. The better they do just means more will have to pay attention and go smoke-free on their own.
Hopefully Kirkwood is the next to get on board.
The people of Kirkwood already voted down a smoking ban. Since they rejected it, why should they be forced to do it again.
Um, because people sometimes change their minds. That’s why we’re allowed to change laws. In any event, the international trend in wealthy developed urban areas is to ban indoor smoking in public places. This mostly is because attitudes about smoking are changing. Fewer people smoke now than in the past, and it’s considered rude to force other people to breathe in your disgusting air in a confined space. This is why few nonsmokers keep ashtrays in their homes anymore, and (at least in middle class and wealthy circles) it’s considered totally rude to even ask to light up in someone’s home. Polite smokers step outside; that’s the bottom line. It’s not the 1960’s anymore.
Um well Todd – seems its not rude to waste taxpayers money just two and half years after they have spoken. Seems rude to me that you demand every business cater to you and your likes.
What happens if this comes to a vote and gets voted down? Do they do it until it passes? When does it end?
The wording in Kirkwood’s previous bill was ridiculous.
It has been a delight to be smoke free in KC this past year. The world hasn’t ended. People have not fled to the suburbs to drink. In fact, many suburbs have followed our lead gone smoke free themselves.
I travel to STL a few times a year and look forward to the day y’all join Missouri’s biggest city in going smoke free 🙂
Steve, you missed out on 100 dollars. You smoke-free boys don’t like to gamble either I guess.
No, Bill, we’re just too considerate to take stupid people’s money.
Bill – I might be interested in that wager. A repeal of Ballwin’s CAO will be over my tireless efforts. It’s stronger now than ever before! Soon, Wildwood will join in. Did you not see the resolution of support by the Ballwin Board of Aldermen just this year? Are you betting on a legal challenge like the one you boasted about regarding Kansas City?