September 2, 2010 - On August 31, 2010, Sedgwick County District Judge Jeff Goering lifted a temporary restraining order that had prevented the statewide indoor smoking ban from applying to Wichita's businesses. The ban took effect as soon as Goering signed off on his ruling. It has applied to the rest of the state since July 1, 2010.
Background: Back on Friday, June 26th a Sedgwick County judge issued a temporary restraining order that will prevent a statewide indoor smoking ban from going into effect next week in the city of Wichita.In his ruling, the judge defended the Legislature's right to regulate smoking in Kansas. Judge Goering: "The scope and breadth of that regulation is a matter of public policy, and it is not for this Court to second guess the wisdom of that policy." But he also chided the state for using a double standard of allowing smoking in state-owned casinos while banning it in private businesses.
On Thursday, July 1, 2010 - Kansas joined 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 would allow Wichita businesses to continue operating under the city's smoking ordinance at least until July 15. The injunction had 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. VIDEO - Hearing in Wichita smoking ban delayed until August.., KWCH.com, 7/9/2010.
Wichita, Kanaas - city's smoking ordinance more stringent than state law..
Among the plaintiffs' arguments was that Wichita's smoking ordinance — which allowed indoor smoking in businesses that prohibit minors or establish separate, ventilated smoking rooms — is more stringent than the state's and should be the controlling law in Wichita.
But in his ruling, Goering wrote, "There is no question (the state's law) is the more stringent."
Reference: Judge's ruling extends smoking ban to Wichita by RICK PLUMLEE (email@example.com), Wichita Eagle, 9/1/2010.
Related Kansas news briefs:
VIDEO - Topeka, Kansas under both city and state smoking bans..;
Kansas - goes smoke-free on July 1, 2010..;
Wichita, Kansas - city's smoking ordinance more stringent than state law..;
Kansas - governor signed into law the Clean Indoor Air legislation..;
Kansas - public smoking ban effective July 1, 2010..;
University of Kansas (KU) bans sale of tobacco starting July 1, 2010..;
Topeka, Kansas - opponents of smoking ban may drop petition drive..;
Kansas - cigarette tax hike likely in 2010..;
Topeka, Kansas - some petitions to overthrow smoking ban missing..;
Topeka, Kansas - smoking ban takes effect Friday, December 4, 2010..;
Topeka, Kansas to ban public smoking indoors and at places of employment December 4, 2010..;
Kansas - cigarette makers fined, failed to pay into escrow accounts..;
Kansas City, Missouri - court upholds smoking ban..;