Iowa bar owners preparing for
legal fight against Iowa smoking ban
By Steven Martens | Saturday,
April 19, 2008
CLINTON, Iowa — Jon Van Roekel, a
self-described history buff, says Iowa’s new smoking ban has
similarities to the beginnings of Prohibition.
Van Roekel, president of the Clinton Organized Bar and Restaurant
Association, or COBRA, said his group is gathering support for a legal
fight against the ban.
“Our rights are being violated, and we’re not going to stand idly by
and let it happen,” Van Roekel said. He said his organization has been
in contact with a Quad-City law firm, but declined to name it.
Van Roekel said if $200 could be raised from every bar and restaurant
owner in the state opposed to the ban, there would be enough money to
fight the new law all the way to the Supreme Court.
“We’re in this to the bitter end,” he said.
The new law goes into effect July 1 and bans smoking in Iowa bars,
restaurants and most workplaces, with the exception of casino gaming
floors and the Iowa Veterans Home in Marshalltown.
COBRA will hold a public meeting about the issue at 5:30 p.m.
Thursday at Club 110, 110 Main Ave. in Clinton.
Brian Froelich, owner of Fro’s Pub and Grub in Wilton, also is
organizing Iowa bar owners for a legal fight against the new law.
Froelich said he has spoken to bar owners from across the state and is
forming a group called the Iowa Bar Owners Coalition. He is planning a
public meeting for anyone interested in the issue at 4 p.m. May 4 at the
Knights of Columbus hall at 1111 W. 35th St. in Davenport.
Froelich said he has contacted Davenport lawyer John Bribriesco about
filing a lawsuit. Bribriesco could not be reached for comment about
possible legal tactics.
“It’s got nothing to do with smoking anymore,” Froelich said. “This
is a rights issue.”
Rep. Polly Bukta, D-Clinton, who voted in favor of the bill, said she
preferred a total ban rather than the exemption for casino gaming
floors.
“It really isn’t fair to exempt some and not others,” she said.
Bukta said she knows some of her constituents in Clinton are not
happy with her vote, but she believed public safety was the most
important issue.
“I’ve seen people die of lung cancer,” she said.
Bukta said she expects that eventually the exemption for casino
gaming floors will be revoked and that the impact on bars won’t be as
bad as the owners fear.
“I really think in the end it’s going to work out, I really do,
because it has in other states,” Bukta said. “Change is never
easy.”
http://www.qctimes.com/articles/2008/04/19//news/local/doc48094f5319a99642018986.txt