In the course of a week, Iowa’s smokers received a setback in court and the right to light up while eating something on a stick. All in all, a pretty eventful few days.
On Monday, a Polk County judge refused to grant the coalition of bar owners a restraining order that would block state officials from enforcing the statewide smoking ban that has been in effect since July 1.
The umbrella group for the bar owners involved in the lawsuit, Choose Freedom Iowa, said it is “disappointed but not undaunted†by the court’s decision.
Disgruntled bar owners argued the new state law is “bizarre,” burdensome and unconstitutional in its application and enforcement.
However, the district judge ruled the bar owners failed to show the smoking ban is causing irreparable harm to Iowa businesses, and that the overarching goal of improving health for the general public and employees in establishments where smoking had been permitted outweigh other concerns.
Smokers, apparently, are a resilient bunch, and won’t let something like a court ruling bring them down.
Leaders of an effort to overturn Iowa’s public smoking ban say a judge’s ruling that allows enforcement while the case works its way through the courts represents only a temporary setback.
“Asking a judge to overturn the Legislature is no small task; we fully understand that,†said a press release issued by Choose Freedom Iowa, a coalition of bar owners. “Now we are looking forward to taking the next steps. We will pursue our full lawsuit to get all Iowans’ freedoms permanently restored.â€
But in a bit of good news for smokers, the Iowa State Fair is not kicking the nicotine addicted to the curb. Parts of the fairgrounds are exempt from the ban, giving smokers at least one respite from the harsh realities of the outside world.
Despite the restrictions, fairgoers will still be permitted a cigarette chaser with their deep-fried Twinkies.
And, for those concerned about their health, the fair has had portable heart defibrillators since 2001.
Anyone caught puffing in a prohibited area is subject to a $50 fine. That’s roughly 14 corn dogs.


