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Kansas Supreme Court hears arguments on smoking ban

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The Judicial Update

December 15, 2011

Kansas: On Wednesday December 7, the Kansas Supreme Court heard oral arguments in a lawsuit filed by Downtown Bar and Grill in Tonganoxie against the state. The bar received a license to become a private club in May 2009, five months after a cutoff date for clubs to receive such a license and thereby avoid complying with the smoking ban. The club argues that complying with the ban would drive them out of business because other clubs don't have to. The further say that they did not seek the license because of the ban and its exceptions, but rather because they did not meet the Leavenworth County requirements that drinking establishments derive 30 percent of their revenues from food sales. Attorney for the business, Mike Merriam, argued that it was arbitrary for the state to set a cutoff date nearly a year before the ban went into effect and that it is unfair to therefore grandfather in some license holding clubs but not all.[1][2]

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