By Danica Baker
Herald Staff Writer
July 03, 2008 08:30 pm
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CLINTON — The Clinton Organized Bar and Restaurant Association and the Iowa Bar Owners Coalition have filed a lawsuit in an effort to get the statewide smoking ban overturned.
The lawsuit includes a petition for an immediate injunction, asking the court to put a halt on the smoking ban until a ruling can be made on the law’s constitutionality.
“It’s been our belief from the get-go that this law is unconstitutional,” said Jon Van Roekel, president of COBRA. “It’s blatant discrimination against smokers and it’s a property rights issue.”
The petition was filed Tuesday evening in Polk County District Court in Des Moines. Van Roekel said the groups are not contesting the casino exemption, because many members feel the exemption will be overturned in the next legislative session.
The petition names the Iowa Department of Public Health, IDPH Director Thomas Newton and the State of Iowa as defendants. Attorney George Eichhorn, of Stratford, is representing the plaintiffs in the case. Van Roekel said COBRA and IBOC currently are the only two plaintiffs listed on the suit so far.
He said more will be added as several organizations have contacted the two groups wanting to be named as parties to the lawsuit.
Van Roekel said COBRA and IBOC leaders are in the process of hiring a public relations firm out of Washington, D.C., to coordinate the release of information relating to court proceedings. He said the firm also will be responsible for contacting organizations to join in the lawsuit and injunction request as they too will be affected by the court’s decision.
“In essence, we are fighting for the rights of every small business in Iowa,” said Van Roekel.
He said the lawsuit and injunction request are the first step in getting the ban overturned.
He said the groups plan to become more politically active, including putting candidates up for office “that will look out for the interests and rights of the small business owner.” Van Roekel said the final step is making the matter a national issue by pooling the resources of similar organizations throughout the United States and debating the constitutionality of the ban before the U.S. Supreme Court.
He said COBRA and IBOC have been in contact with interested parties in nine states and are in the process of contacting many others.
Van Roekel said part of the hypocrisy of the law is that small business owners don’t know the rules of the law because legislators haven’t been clear about the regulations and enforcement.
“From the start, it’s just been a complete debacle. They needed to be clear, explain what the rules are, how to enforce them, how to handle complaints, who to contact. First, the Iowa Department of Public Health was to enforce this. Then the local police, then it was self-enforcement. First patios were allowed, now they’re not,” he said. “Very few people actually know what the rules are because they’ve changed so many times. All they’ve done is completely confuse the small business owner.”
He said an injunction is necessary so legislators can step back and re-examine the issue, determine what is best for citizens and businesses and “go from there.”
Van Roekel said local businesses have seen a decrease in revenue just in the first few days the smoking ban has been in effect. He said small business owners in Clinton are telling him that fewer patrons are coming to bars and spending less time there.
“They are already seeing effects from this and I think it will only get worse from there,” he said. “The patrons are saying they feel they have been inconvenienced, made to be outcasts.”
Van Roekel acknowledged criticism he has received regarding his decision to run against State Rep. Polly Bukta, D-Clinton, for the Iowa House District 26 seat, remarking that some are calling him a “one-issue candidate.”
“If I’m a one-issue candidate, it’s not based on fighting the smoking ban, it’s protecting rights,” Van Roekel said. “We live in a free society. The more rights that are taken away, the less free we are.”
No date for a hearing on the petition has been set.
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