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Ruling puts Wichita smoking ban in effect immediately

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Updated: 8/31/2010 5:22 pm
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.
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xpprosp3 - 9/2/2010 8:50 AM
Da! What about smoking and no smoking bars and restaurants? It's called freedom of choice. Let big brother take care of you. They tried that in the U.S.S.R.

CitizenA - 9/2/2010 8:43 AM
Gopher, I think you need to review the laws or "codes". If it was not for them, you would still be sitting right next to smokers because it was the "code" that forced separation from smoking and non-smoking. I can see the point in allowing the restaurant to decide BUT I think if people truly had a behind the scenes look, they would think otherwise. I think in restaurants, as long as there is clear separation and air filtration for non-smokers, it should be allowed. Bars, however, have no way to separate so when you walk in, everyone is a smoker. Owners just knew the non-smokers would suck up the cancer smoke and come anyway. Valley Center opened a non-smoking bar years ago and it has been a HUGE success!!!!! They are already expanding. I think it is real funny to see the extent smokers will go to get a "puff". Stand in sub Z temps, sleet, buy "electronic cigarettes", etc.... I have to laugh because that cigarette won....

larrycableguy - 9/2/2010 2:49 AM
I would like to see them stop me i will smoke any where i want the cops cant touch me fine me or tell me what to do i smoke the Electronic cigarettes and they are legal so come on coppers come and get me you cant do nothing to me HA HA here is the Wikipedia on it enjoy ppl this is the way to go if you would like more info on this let me know thanks An electronic cigarette, e-cigarette or personal vaporizer, is a battery-powered device that provides inhaled doses of nicotine or non-nicotine vaporized solution. It is an alternative to smoked tobacco products, such as cigarettes, cigars, or pipes. In addition to purported nicotine delivery,[1] this vapor also provides a flavor and physical sensation similar to that of inhaled tobacco smoke, while no smoke or combustion is actually involved in its operation.

larrycableguy - 9/2/2010 2:49 AM
i would like to see them stop me i will smoke any where i want the cops cant touch me fine me or tell me what to do i smoke the Electronic cigarettes and they are legal so come on coppers come and get me you cant do nothing to me HA HA here is the Wikipedia on it enjoy ppl this is the way to go if you would like more info on this let me know thanks An electronic cigarette, e-cigarette or personal vaporizer, is a battery-powered device that provides inhaled doses of nicotine or non-nicotine vaporized solution. It is an alternative to smoked tobacco products, such as cigarettes, cigars, or pipes. In addition to purported nicotine delivery,[1] this vapor also provides a flavor and physical sensation similar to that of inhaled tobacco smoke, while no smoke or combustion is actually involved in its operation.

51gopher - 9/1/2010 9:27 PM
You know Citizen A you don't have to go to smoker places to get food. My wife and I have never smoked and have never had a problem with finding a good place to eat. As far as I am concerned it is their business and as long as it meets code they should be able to decide if they want to be smoking or non smoking.

CitizenA - 9/1/2010 4:59 PM
I think the problem is many bar owners ARE smokers and therefor do not think about other people. By allowing the "public in", it becomes a "public domain". I will agree that some decision making was taken from the business owner but really, have you met some bar owners? I don;t think health is high on their priority list... Just as restaurants are required to maintain safe food to eat, air quality should ALSO be included... Let me ask you this, should it be OK to restaurants to decide how/if their place is considered sanitary? Have you actually visited some commercial kitchens???? The fact is smoking kills. I am most certain it is pointless to debate it with smokers or the like of but I am glad something is being done to protect my lungs. NOW if we can just get all the "BUTT FLICKERS" some fines.... Does anyone know how many fires are started by cigarettes? The numbers are staggering.

doglover - 9/1/2010 4:37 PM
Bars are privately owned smart one. Making them PRIVATE PROPERTY. The bar owners open them up to allow public access, instead of paying the added fees for liquor licenses and other BS start up fees to be private club. These same bars (which you frequent by CHOICE) should have the right to choose to allow smokers or not, not have the government regulate it. If you don't like smelling of smoke when leaving a bar, then you could have opened a smoke free bar..(crazy idea I know!) I am not a smoker, but feel the government is limiting the right of business owners every day and that is never a good thing. Funny how they allow smoking in some of the true PUBLIC property like STATE OWNED casinos! Or do you think the state assumes all gamblers smoke?

haveaheart - 9/1/2010 4:32 PM
If you dont like smoking bars stay home and breath your fresh air in your living room.

CitizenA - 9/1/2010 12:13 PM
Show me in that law where "private property" is worded anywhere...... I am truly against the gov't taking over everything. However, all the smokers are coming together to say "hay, I want to smoke right next to this non-smoker and make him inhale it because he has no choice". Really???? You guys are probably the same smokers that scream from a roof top that smoking does not cause cancer and you are healthy as an ox.... When you can prove you are smarter than the doctors and scientist, let me know... Wonder why chewing tobacco is NOT on the list????? Maybe it is because you can chew next to me and I will not be harmed by it. >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Lets not twist this into a "ban smoking everywhere" thing, this is a ban on smoking in public places and yes, your apartment could be considered one of them. WHY, might you ask? DUH, because your smoke permeates the walls and eventually penetrates everything. How does your ceiling look??? I don't want my lungs looking like that.

TruthToad - 9/1/2010 11:42 AM
I am thinking about opening a bar members only, non-smokers may not enter or work there. Its that simple people will come!


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