Bar owner seeks stay in smoking ban challenge
Thu, 16 Apr 2009 20:11:42 GMT —
WEST BURLINGTON, Iowa - A West Burlington bar owner is trying to keep his liquor license while he challenges the constitutionality of Iowa's Smokefree Air Act.
Larry Duncan, owner of Otis Campbell's, has filed an application in Des Moines County District Court asking to stay a decision by the Iowa Alcoholic Beverages Division that revoked his liquor license effective April 8.
State prosecutors have filed a brief in resistance to the application.
Duncan has argued that the smoking ban violates the Iowa constitution because it doesn't treat all businesses the same.
While the law bans smoking in bars and restaurants, it exempts the gambling portions of casinos.