Published: July 01, 2009 10:07 am      

Iowa marks 1-year anniversary of smoking ban

CLINTON — Depending on who you ask, the statewide smoking ban that went into effect one year ago today was either a step forward for public health concerns, or a step back for restaurant and bar owners.

Advocates say less people are being exposed to secondhand smoke, but opponents argue businesses are suffering because fewer patrons are making their way to bars and restaurants.

According to Iowa State Sen. Roger Stewart, D-Preston, who supports the ban, there have been few serious discussions about altering the law in the statehouse and he said the ban has been good for Iowa residents.

“It makes it more conducive for people to take their families out to restaurants,” Stewart said.

However, some bar and restaurant owners in Clinton disagree with Stewart’s assessment.

David James, president of the Clinton Organized Bar and Restaurant Association and owner of DJ’s Bar and Grill, said there have been establishments that have gone out of business because of the smoking ban and the exemption in the law that allows smoking in casinos is unfair.

“What makes it right to allow smoking in casinos and not in bars?” James said. “I'm totally against it.”

According to the Iowa Department of Public Health, it has issued 1,015 notices of potential violations to businesses statewide and 23 of those have been in Clinton County. Jackson County has received seven potential notices.

One of those potential notices was carried out by the Iowa Attorney General’s Office in May when it issued a seven-day suspension and $1,000 fine for Manning’s Whistle Stop in Clinton.

“There are a lot of businesses in town that are suffering,” James said.

Groups across the state, like COBRA, have collaborated and are trying to overturn the law through the court system arguing the law violates Iowa’s constitution by permitting smoking in some businesses but not in others.

In the first year, there has been little success.