Published: April 11, 2008 10:36 am            

COBRA to spearhead smoking ban fight

CLINTON — The Clinton Organized Bar and Restaurant Association has announced plans to join forces with other bar and restaurant associations and establishments across the state of Iowa to file an injunction against the new state smoking ban.

“We fully intend on fighting this. This bill is wrong on so many levels. We’re going to send them a message that ‘hey, what you’re doing is illegal,’” said COBRA President Jon Van Roekel.

House File 2212, the Smokefree Air Act, calls for the protection of public health by reducing the level of exposure by the general public and employees to environmental tobacco smoke. The bill prohibits smoking in public places, enclosed areas within places of employment, outdoor sports arenas or stadiums, outdoor seating or serving areas of restaurants, public transit stations and educational facilities. Areas that are exempt include the gaming floor of casinos, the Iowa state fairgrounds, designated smoking areas of correctional institutions, private residences unless used as a care provider location, hotel and motel rooms designated as smoking rooms, retail tobacco stores, private or semi-private long term care facility rooms, private clubs that have no employees and the Iowa Veterans Home in Marshalltown.

The bill passed in the House by a vote of 54 to 45. The Senate passed the bill by a vote of 28 to 22. Local representatives voting in favor of the measure included State Senators Frank Wood, D-Eldridge, and Roger Stewart, D-Preston, and Rep. Polly Bukta, D-Clinton.

State Representatives Steve Olson, R-DeWitt, and Tom Schueller, D-Maquoketa, voted against the statewide ban. The bill now goes to Gov. Chet Culver, who is expected to sign the bill into law Tuesday.

Van Roekel said the fight against the smoking ban has just begun.

“We’re going to try to get every establishment in these organizations in Iowa involved,” Van Roekel said. “We invite every bar and every restaurant to be a unified voice.”

Van Roekel said a committee of members has been set up to organize the organizations joining forces and oversee the legal process. The committee members will consist of COBRA Vice President Gordon Carroll, co-owner of The Odeon; COBRA Secretary Shelly Brewer, owner of The Silver Dollar Saloon; and COBRA members Brian Dalton, co-owner of Patrick’s Steakhouse and Brewery; and Steve Riojas, owner of Lyons Tap. The committee is in the process of compiling a list of all liquor license holders in the state and contacting the owners. A meeting is being planned to be held in Clinton or Davenport and COBRA officials hope to invite association members and business owners to attend the meeting to discuss legal strategies.

Van Roekel said COBRA is in the process of hiring a Quad-City legal firm to represent the organizations. He said the injunction could be filed under a variety of arguments including discrimination, unfair trade practices or prejudicial treatment. He noted that fundraising events will be held to help pay for expenses related to filing the injunction.

“We’re going to take this all the way to the Supreme Court if we have to,” said Van Roekel.

Van Roekel said COBRA will be the central organization meeting with the attorneys. Carroll said anyone who would like to become involved in the action, including business owners, employees or patrons, may contact the committee members.

“Anyone can get in touch with any of us about this,” he said.

At the regular monthly COBRA governing meeting held Thursday night at D.J.’s, COBRA member Steve Gendreau, owner of Illowa Music and Games, provided the members in attendance with a summary of the preliminary discussion held with a legal firm that could potentially represent the associations in the fight. Gendreau said the lawyers advised there is a legal argument that can be made regarding the ban and its exemptions, claiming a Constitutional right to be treated fairly and equally.

Gendreau stated the attorneys advised approximately $50,000 is needed to retain legal representation to file the injunction. COBRA members discussed the funding and decided that donations of $200 each would be sought from COBRA member establishments and other establishments across the state to gather the needed funding to begin the action. Gendreau said the ultimate goal is getting the ban lifted from bars.

COBRA member Rollynd Loomis questioned that the legislature is infringing on people’s rights.

“It started as a smoking issue, but now its becoming a rights issue. People are beginning to realize, what’s next? Where is this all going to stop?” he asked.

Other bar owners expressed concerns about what secondary problems the smoking ban could create. David James, COBRA member and owner of D.J.’s, said many bar owners don’t want their patrons standing outside the establishment to smoke, saying that inside, patrons can be monitored by bar staff. He said it would present opportunities for criminal mischief or drinking outside the bar.

Van Roekel suggested the legislation could open casinos up to litigation from employees who could file lawsuits against the establishment.

“If it’s a health issue, then they should ban it from everywhere and make smoking illegal,” he said.

Van Roekel said the first step is meeting with attorneys and choosing which argument to begin the legal action, then organizing the statewide meeting of all bar and restaurant owners wishing to participate.

“Then we’ll put it in the hands of the court,” said Van Roekel.

“I absolutely believe we can win this,” Carroll said.

A COBRA meeting to further organize action against the smoking ban will be at 5:30 p.m. April 24 at Club 110, located at 110 Main Ave. in Clinton.

        

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