Fight To Ban The Smoking Ban

The fight to stomp out the smoking ban has hit a road block. A coalition of bar owners that had banded together challenging the ban's constitutionality has dropped their lawsuit. Arguments were supposed to be heard June 30th in Des Monies, but the case has been dismissed.

It all boils downs to money. The coalition that was made up of members from COBRA, IBOC and Choose Freedom Iowa couldn't pay the high legal bills anymore to go up against the smoking ban. "As you know we were fighting for everyone in the state and there wasn't enough people supporting it. It's an expensive lawsuit and we just ran out of funds," says Joe Sturgis who opposes the ban.

Sturgis was active in the fight against the ban, but he recently resigned from the coalition. He says support from other bar owners started to burn out and they were getting nowhere with lawmakers. He adds, "They don't want to bring this up in the legislation even though there was probably 15 bills entered one of the them, they had half the house, both democrats and republicans signed off on it, but they wouldn't bring it up."

Having the lawsuit dismissed, doesn't mean the fight is over. West Burlington bar owner Larry Duncan isn't apart of the coalition, but plans are for his group "Freedom Fighters" and all those involved in the lawsuit to join forces. That means when Duncan goes to district court in Burlington, he'll represent all bar owners. "We're trying to include everybody going after the same purpose, not only all the civil rights, but also interstate commerce, tobacco is not illegal," according to Duncan.

Duncan maintains that's one of the reasons why the lawsuit was dropped. Bar owners just want to have their day in court, and it doesn't matter where it is. "We were going to be there before this came up at the State of Iowa level. We don't care whose lawsuits come up first, that's who we want to ride," Duncan adds.

Duncan's court date will take place in about 45 days. One of the reason's Duncan is being allowed to hear his case in court is because the state took away his liquor license for openly violating the ban. The deal is he can serve alcohol, but he no longer allows smoking.