For a couple more weeks, Wichita smokers have a few more friendly places to light up.
Right now, a district judge is weighing two smoking bans: Wichita's and the state's. Whichever is tougher wins, and becomes the smoking rules for Wichita.
"Since the inception of this nation," testified Father H Setter in distirct court Thursday, "bars have been the place to smoke and drink."
And it's Wichita bars - 15 of them now - that want to continue to be a place to smoke and drink, under Wichita's rules. "Just hope the court sees it our way," said Mulligan's owner David Allen.
Another bar owner, Larry Doss of Walt's, testified in court Thursday, also asking to run under Wichita's rules. "We're really a smoker friendly place," said Doss. He then detailed all the changes he made to his establishment, so he could comply with the city's rules. A smoking area, no children under 18 allowed inside, specialized ventilation systems.
Bar owners worry the statewide smoking ban would cost them a third of their business. Doss said that could cost him $300,000. Which, for some, could cost them their entire business.
Other organizations, like the American Lung Association, support including Wichita in the statewide ban. To groups like the ALA, it's not about money, it's about health.
"This is a public health issue," said Diane Tinker of ALA. "We're concerned about the health of all workers and all patrons. She continued, "some folks don't have a choice about where they work, because they have to make a paycheck."
Businesses argue that -- under Wichita rules -- they offer both a paycheck, and a choice. On the stand, Doss said, "we also have to have our staff sign waivers on whether or not they want to work there or not."
Wichita businesses also argue there are some unfair exceptions in the statewide ban; namely, smoking is still allowed in state-run casinos.
The businesses say that proves smoking is good for business, and if the state gets to keep smoking for revenue, why can't they?
Here's some differences between the Wichita's smoking ordinance, and the Kansas':
Wichita allows businesses with the right signage to keep smoking in:
- an outdoor area at least 10 feet from an entrance;
- a designated smoking room or smoking business inspected by the City that doesn't allow anyone under 18 inside;
- hotel rooms, motel rooms, apartment residences and rental dwellings.
State law bans indoor smoking in:
- restaurants
- bars
- workplaces
- other public area
- Exemptions: tobacco shops, gaming floors of state-owned casinos, and senior care home designated-smoking room
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Morning Report
Eleven more businesses want to a join a lawsuit that would protect them from a statewide smoking ban.
Mort's Cigar Bar, Heat Cigar Bar and Hookah Lounge, and Walt’s Sport’s Bar originally sued the state over the ban.
They haven't won yet, but a judge agreed to issue a temporary restraining order blocking the state law in Wichita.
The attorney who represents those three businesses confirmed to Eyewitness News that he filed a motion for 11 other businesses to join.
Court filings obtained by Eyewitness News show the additional businesses re The Setter Foundation, Shooters, Club Rodeo, New Caesars Palace, Southrock Billiards and Sports Bar, Mulligan's Pub, Port of Wichita, Fat Ernie's Bar & Grill, Snug Harbor, Harry & Ollies and the Triangle Club.
"We need the right to chose who our clientele is. 80 percent is smokers and has been for 10 years and that's who I cater to," says Mulligan's Pub owner David Allan.
The statewide smoking ban went into effect July 1. It bans smoking in restaurants, bars, workplaces and most public areas. There are exemptions for tobacco shops and state-owned casinos.
The attorney for the Wichita businesses say the city's anti-smoking ordinance is more restrictive than the state's.
There will be a hearing Thursday afternoon to take up motions. The businesses will ask for an extension of the restraining order which expires August 19.
The hearing starts at two o'clock. Eywitness News will be there to let you know what happens.
