WICHITA, Kansas – Lighting up in public in Wichita is now a crime as a judge has lifted a temporary injunction blocking the statewide smoking ban from taking effect.
With Sedgwick County Judge Jeff Goering lifting the ban, it is now illegal to smoke in bars and restaurants in the city.
Several Wichita bars had sued the state, seeking to block the statewide smoking ban from taking effect. While the lawsuit was being considered, the ban was temporarily blocked here in Wichita. But that is no longer the case.
Judge Goering said, “The state’s ban is clearly a more stringent regulation of smoking than the Wichita ordinance.” He added, “A municipality cannot, by ordinance, permit that which state law prohibits.”
That now means smoking is illegal in Wichita bars and restaurants, expect for private clubs. Smoking is also prohibited 10 feet from a door, open window or air intake.
The Attorney General’s Office says the law is in effect immediately and will be enforced by the city.
It is not what bar owners were hoping for.
"It's going to hurt a lot of smaller bars I think,” said John Parsons with Caesar’s Palace. “We're going to notice a difference. How much, of course, is impossible to predict.”
Those caught smoking in violation of the ordinance will pay some hefty fines. The first offense will cost $100, the second will cost $200 and the third subsequent offense will be $500.