The Missouri Court of Appeals Southern District affirmed a trial court's earlier decision upholding the smoking ordinance.
Oral arguments began last week in
the lawsuit brought against the city by a
Jean Doublin, the owner of Ruthie's
Last October, Greene County Judge
Jason Brown upheld
The appeal of the case was heard by
a panel of judges, who issued a decision a week following arguments from both
The Court agreed with the City's argument that the state law only granted the bar a right to be exempt from state law, not from all other regulations.
The Court stated that "The ICAA is not a statute that was enacted to permit smoking or to protect the right of smokers" and that the City's ordinance does not prohibit what the Indoor Clean Air Act permits.
"They don't have the right to tell me what I can do in my own private business with a legal product," said Doublin regarding the October ruling. "If cigarettes were illegal, it'd be different, but they're not."
Doublin says her business has been down about 75 percent since the ban went into effect, which led to this recent appeal.
In early June,
The current ordinance applies to all workplaces and any enclosed public place. If you break the law and smoke where it's prohibited, the fee could be as high as $50. Business owners face higher fines.
Ruthie's Bar has the right to appeal to the Missouri Supreme Court if they so choose.