Springfield smoking ban upheld in court

Last edited 2:50 p.m., June 20, 2012

Springfield's citywide smoking ban, which was challenged by a May 2011 lawsuit, yesterday was upheld by the Missouri Court of Appeals Southern District.

Greene County Circuit Court sided with the city in October, according to city spokeswoman Cora Scott. The suit was filed after the smoking ordinance was approved by voters April 5, 2011.

The suit, filed by Jean Doublin, owner of Ruthie's Bar, 400 E. Commercial St., claims the smoking ban violates the Missouri Indoor Clean Air Act by not conforming to it, according to a city news release.

The ICAA restricts smoking in enclosed public places to designated smoking areas, according to court documents.

In appealing the trial court's decision, the plaintiff argued that because state law permits conspicuous signs to be posted noting an establishment allows smoking, the city ordinance should do the same.

The court of appeals issued its ruling, stating "the ICAA is not a statute that was enacted to permit smoking or to protect the rights of smokers.”

According to the release, the court also maintained that the city's ordinance doesn't prohibit what the ICAA permits.[[In-content Ad]]