Missouri Court of Appeals Upholds Springfield Smoking Ban

(Springfield, MO) -- The latest challenge to the Springfield smoking ban has been shot down in court.

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 Springfield bar owner.

Jean Doublin, the owner of Ruthie's Bar on Commercial Street, said the city ordinance conflicts with the state's 1992 Indoor Clean Air Act. That law allows people to smoke in bars as long as there are signs designating the building does not have any smoke-free areas.

Last October, Greene County Judge Jason Brown upheld Springfield's smoking ban, citing the similar law in Kansas City. He noted that it wasn't the court's role to determine the pros or cons of smoking in public places.

The appeal of the case was heard by a panel of judges, who issued a decision a week following arguments from both sides. Assistant City Attorney Marianne Landers Banks argued that there is no conflict -- the city simply regulates smoking to a greater extent than the state.

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, Springfield voters turned back an effort to repeal the Springfield Smoke Free Air Act of 2011 by a nearly 2-1 margin. It was originally approved by voters in June 2011.

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.

See Also:
Judge Rules Against Bar in Smoking Ordinance Challenge
Judge Upholds Springfield, MO Smoking Ban, Appeal Planned
Smoking Ban Survives: Springfield Voters Say No to Repeal