June 27, 2010 - A Sedgwick County judge on Friday, June issued a temporary restraining order that will prevent a statewide indoor smoking ban from going into effect next week in the city of Wichita.
On Thursday, July 1, 2010 - Kansas will join nearly 40 states that have some statewide restrictions on where smokers can light up. (Kansas - governor signed into law the Clean Indoor Air legislation..)
District Judge Eric Yost issued the order, which will allow Wichita businesses to continue operating under the city's smoking ordinance at least until July 15. The injunction has no effect on businesses outside the Wichita city limits. In his order, Yost scheduled a July 15 hearing to determine whether the temporary restraining order should be extended.
In his filing, Harry Najim, who sought the restraining order cited a portion of the state law that says, "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." The city's smoking ordinance is more stringent than the broader state law.
The injunction has no effect on businesses outside the Wichita city limits. In his order, Yost scheduled a July 15 hearing to determine whether the temporary restraining order should be extended.
The state law bans indoor smoking in restaurants, bars, workplaces and other public areas. But it makes several exemptions, including tobacco shops and the gaming floors of state-owned casinos. Najim said the state law also exempts Class A and B private clubs that were licensed before January 1, 2009, and designated smoking areas of adult care homes.
Reference: Restraining order delays state smoking ban in Wichita by HURST LAVIAN, The Wichita Eagle, 6/26/2010.
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