The lawsuit was filed last year by Choose Freedom Iowa, the Iowa Bar Owners Coalition, Clinton’s Organized Bar & Restaurant Owners and Froehlich Properties Inc. just as the state’s smoking ban went into effect. The suit claimed that the ban was unconstitutional.

The groups sought a temporary restraining order against enforcement of the ban while the lawsuit worked its way through the courts, but a judge last August refused to grant the order.

One of the plaintiffs, Brian Froehlich of Wilton, told the Associated Press that the group was “redirecting their efforts and will support the bars that are going to court to protect their businesses.”

In a statement released after the lawsuit’s dismissal, Iowa Attorney General Tom Miller said there are 44 liquor license enforcement actions involving the smoking ban currently before the Iowa Alcoholic Beverages Division.

“We will continue to support enforcement of the law and defend any challenges to the constitutionality of the law,” Miller said. “The great majority of Iowa businesses are obeying the law, and we will not allow a small minority to flout it.”

House File 211 would also changes the legal definition of a bar by eliminating any reference to the amount of food served in relation to the consumption of alcohol. The final piece of the legislation allows actors and actresses involved in theatrical performances are to smoke as part of their role if the smoking is integral to the script or story line.

The bill addresses some of the concerns raised after passage of the state’s smoking ban, which took effect July 1. Democratic legislative leaders have said previously that a debate over changes to the smoking ban would not happen during the 2009 session.

In laying out his plan, Culver said he would use $56 million annually from gaming tax revenues to secure the $700 million in bonds over the next 20 years. Burns hypothesizes that tying the state’s future to gaming money will mean it must protect the industry from possible losses, which brings us to the smoking ban.

But should a court case rule the Iowa casino exemption as out of line, lawmakers, who had tied the state’s finances to casino money, may have to opt to just kill the entire ban rather than add gaming houses to it and risk the financial fallout.

Burns then points to a Chicago Tribune story that says revenues at Illinois casinos dropped 20.2 percent between November 2007 and November 2008, and the industry points squarely to the smoking ban that went into effect a year ago. Smoking ban opponents point out that neighboring states without smoking bans have not seen nearly that kind of revenue drop.

Now not everyone buys that theory, as the country has also experienced a bit of an economic downturn since their smoking ban was issued. But that’s hardly the point. Would the fear of a possible downturn in revenues at casinos push legislators to rethink the smoking ban?

Rep. Mark Smith, D-Marshalltown, is proposing a bill that would expand the statewide smoking ban passed last session and end the law’s exemption for casinos. Supporters of the ban have long wondered about the fairness of the casino exemption, but legislative leaders have repeatedly said there will be no tinkering with the Smokefree Air Act in 2009.

Several bills have been prefiled dealing with campaign finance, among them a bill that would expand the definition of “express advocacy” to include any communication disseminated by radio, television or in print; any communication made 20 days or fewer before an election and any communication that costs $750 or more to produce. If passed, the changes would allow for more scrutiny on organizations that spend money trying to influence Iowa elections.

A total of 44 prefiled bills have been submitted, ranging from statewide writing assessment for school children to local control of hog confinements. A full list of the bills is available on the General Assembly’s Web site. The legislative session starts Jan. 12.

Culver was spotted by the Register smoking in a Chevrolet Tahoe that the state provides to the governor’s family.

From The Register:

The black sport-utility vehicle was stopped at a stoplight in downtown Des Moines about 8:45 a.m. Culver was sitting in the passenger seat with the window rolled down and a cigarette in her hand. A state trooper was driving. Numerous pedestrians and motorists passed by the scene.

The law went into effect July 1. It bans smoking in most workplaces, including bars and restaurants. Opponents said it was an infringement on individual rights. Proponents said it would protect workers from secondhand smoke, which they said can cause cancer and other diseases.

Culver released the following statement:

Like many Iowans, I have struggled to quit smoking. I successfully quit last year, but unfortunately started again a few months ago. I did smoke in a state vehicle, which I regret, and I promise that it will not happen again.

The statewide smoking ban, which was signed into law by Gov. Chet Culver in April, specifically mentions government-owned cars as an example of where smoking is not permitted.

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.”

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.

4th District independent candidate for U.S. Congress William Meyers

The site, RepealTheSmokingBan.org, officially went live earlier today. Meyers said he is currently operating it on his own but hopes in the coming days to contact interested parties who are working to overturn the ban to see if they would be interested in utilizing the site to unify the movement on a statewide basis.

“I want to donate the site to groups trying to get this terrible law overturned,” Meyers said. “This site can help form a statewide coalition to make that a reality.”

Meyers said he first became interested in the idea when he was running in the Democratic primary for the 4^th District U.S. Congressional seat. The site, however, is completely separate from his independent run for Congress, Meyers said, though he hopes he can use the experience he has gained during the campaign to benefit the anti-ban movement.

“I’m willing to do what I can, whether that is helping with research for a future lawsuit, assist in online networking or just out talking to people and letting them know why this ban is a bad idea.”

One section of the site, entitled “The Nannies,” lists every legislator who voted in favor of the smoking ban, along with contact information. A “Nanny,” according to the site, is anyone who “thinks they should be able to tell other adults how to live. The militantly anti-anything-else-they-see-someone-else-enjoying.”

Many Democrats were already upset with Meyers, fearing his independent run for Congress could siphon votes away from Democratic nominee Becky Greenwald and tip the race to Republican incumbent Tom Latham. In designing a Web site aimed directly at a bill Democratic legislators and Democratic Gov. Chet Culver advocated,he runs the risk of further alienating the Democratic establishment.

“I think this shows my willingness to reach across the aisle and speak out on an issue I believe in,” he said. “I was embarrassed to call myself a Democrat when my party pushed through the smoking ban, and I think it will hurt them and any Republican who voted for it this fall.”

During a taping of Iowa Public Television’s “ Iowa Press ,” Culver said an overwhelming majority of Iowans supported the smoking ban, and thus, it will be a boon for those who voted to enact it during the 2008 session.“I’m fighting for those hundred thousand workers in those bars and restaurants that today do not have to deal with the secondhand smoke that prior to July 1 they had to deal with,” Culver said. “Those workers are 40 percent more likely to have a respiratory problem because they were forced prior to the ban to work in that environment. So, it’s also great for families that want to take kids out.”

Culver compared passing the smoking ban to passing an increase in the cigarette tax during the 2007 legislative session.

“I ran on that in 2006, I promised a dollar increase in the cigarette tax and I was fortunate enough to win by 100,000 votes and I think I would have been in a lot more trouble if I didn’t deliver on that promise,” he said. “I think Iowans will come out and show their support for those legislators that took that courageous stand to ban smoking in some of those venues.”

The smoking ban became law July 1 and prohibits smoking in all public spaces except casinos.

The governor also discussed his relationship with organized labor, which has been strained of late after Culver vetoed a collective bargaining bill long sought after by unions. Earlier this week, however, Culver issued an executive order creating a task force to study the misclassification of employees hired by contractors, another big issue for the labor movement. Culver said this was not an attempt to win back the support of labor, but rather a move that is in the best interests of Iowa workers.

“This will bring some important attention on the issue of independent contractor reform because there are a lot of abuses out there,” he said. “It’s not fair to the workers. If they get injured on the job and their employer is not paying worker’s compensation benefits when they go to the hospital they will learn that they’re not covered for that injury. That is just common sense, it’s about fairness, it’s good for our workers and it’s important to keep a competitive playing field for the businesses that are playing by the rules.”

Ketterer told commissioners there is still confusion over whether the Iowa Department of Public Health or other state agencies will handle complaints about smoking at casino facilities. Gambling research, casino crimes that are on the increase and other issues also were discussed during the meeting Thursday at Stoney Creek Inn in Johnston.

“They have a big task at public health to interpret the statute and implement these rules on short notice,” said Ketterer. “I’m sure it will be an evolving issue.”

Ketterer said state officials from several agencies have agreed that gaming floors, which he defined as areas where gaming activities take place, are the responsibility of the commission. The definition of “enclosed areas” at gambling facilities will be determined by the public health department, he said. Diagrams and pictures of restaurants and bars near gaming floors in Iowa casinos will be sent to public health officials who will use the pictures and diagrams in assessing complaints about how the ban applies to those areas, he said.

Ketterer said anyone who goes through the state’s two publicly owned racetrack facilities’ grandstands and the “apron” areas in front of the casinos, won’t be able to smoke there. Smoking is allowed on all Iowa gaming floors, he said. Restaurants and bars within the gaming floors are not exempt and no smoking is allowed, he said.

Smoking is allowed outside, he said. No smoking is allowed in areas on the properties, such as enclosed barns, kennel buildings, racing offices or jock’s rooms, he added.

Commissioners also heard from Iowa Department of Public Safety’s Division of Criminal Investigations (DCI) Assistant Director Charis Paulsen who told commissioners about the background investigations that 109 agents conduct on gaming companies and casino employees. Five agents also investigate non-casino crimes, including bookmaking, illegal gambling, amusement devices and lottery ticket forgery.

Paulsen said due to the expansion of gaming in Iowa, low-level gaming licenses increased from 1,790 in 2003 to 2,716 in 2006. In 2007, the agency conducted 2,527 gaming background checks, and 6,812 checks were performed on employees, she said.

Criminal investigations are conducted in all casinos, she said. Agents help casino officials check the identification of patrons and eject unruly or intoxicated patrons, among other things. Agents are most frequently involved in cases that include public intoxication, disorderly conduct, theft and gambling investigations, which include cheating and the use of Iowa licenses to gain unlawful entry into casinos in the state, she said. They also look for patrons who engage in “buffalo hunting,” which Paulsen said involves patrons who look for coins on the casino floors and slot or racing tickets that can be turned in for cash, which don’t belong to them.

Paulsen said the DCI tracks casino crimes across the state. Here are the crimes Paulsen reported for the state’s 17 licensed casinos in 2007:

*  194 public intoxication and disorderly conduct cases
*  74 thefts
*  29 gambling investigations
*  69 fraud cases
*  64 forgery cases
*  88 criminal trespass cases
*  34 assaults

She said the biggest increases were in cases of forgery, assaults and people who applied for gaming licenses but were arrested for having outstanding warrants, which Paulsen said has increased tenfold, but she did not provide the warrant figures or comparative data.

Christine Reilly, executive director of the Institute for Research on Pathological Gambling and Related Disorders, warned the commission about the effects of problem gambling on society. She said 1 percent of the population has problems with gambling, and certain groups, including college students, ethnic minorities and older adults, may be more vulnerable to developing problems with gambling.

“That’s a lot of people we need to care about,” she said.

Ketterer also told commissioners that the state database that will track gamblers who win $10,000 won’t be operational until September. The winners’ names will be checked against the database to see if they owe child support and other types of government debts, and if they do, their winnings will be confiscated.

The Smokefree Air Act was written to protect the health of employees by prohibiting smoking in nearly all workplaces in Iowa, including restaurants and bars. In creating the rules, IDPH and the Attorney General’s Office worked with several state partners, including the Departments of Inspections & Appeals, Natural Resources, and Public Safety, Regents Universities, and many more.