By Jason Hancock jason@dmcityview.com

Small business owners unite to overturn smoking ban

Group calls law unfair, unnecessary

A group of bar and restaurant owners from around the state are forming an organization to stop a smoking ban from going into effect July 1.

Marty Maynes, owner of the Union Bar in Iowa City, has been traveling around the state giving presentations to other bar owners trying to convince them to join IBAR (Iowa Bar and Restaurants). The group plans to retain an attorney within the week to file a lawsuit seeking an injunction against the enforcement of the statewide smoking ban.

“We’re seeking members to help us fund this lawsuit,” Maynes said. “This is an issue that is going to affect our businesses in a negative way, and we have to stand together.”

The idea of forming the group came from local organizers looking around the state and seeing other pockets of bar owners discussing legal action. One such organization, The Clinton Organized Bar and Restaurant Association (COBRA) has had several meetings, Maynes said.

“It wouldn’t do as much good to have several similar lawsuits around the state,” he said. “We need to pool our resources to effectively fight this. Unfortunately, like a lot of things, it comes down to money. Casinos had a lot of money, so they got an exemption. Now we have to make our voices heard.”

House File 2212, the Smokefree Air Act, calls for the protection of public health by reducing the level of exposure by the general public and employees to environmental tobacco smoke. The bill prohibits smoking in public places, enclosed areas within places of employment, outdoor sports arenas or stadiums, outdoor seating or serving areas of restaurants, public transit stations and educational facilities.

Areas that are exempt include the gaming floor of casinos, the Iowa state fairgrounds, designated smoking areas of correctional institutions, private residences unless used as a care provider location, hotel and motel rooms designated as smoking rooms, retail tobacco stores, private or semi-private long term care facility rooms, private clubs that have no employees and the Iowa Veterans Home in Marshalltown.

The bill passed in the House by a vote of 54 to 45. The Senate passed the bill by a vote of 28 to 22.

IBAR is seeking either the outright repeal of the smoking ban or a ban that has no exemptions. Members feel the current law gives an unfair advantage to certain businesses while intentionally hurting others.

“There are bars that sit right across the street from Prairie Meadows (Racetrack and Casino),” he said. “How can you say they won’t be hurt by this law?”

Smoking ban proponents argue that in states and cities where a smoking ban has been passed, business has actually improved for bars and restaurants. Maynes said he doesn’t buy it, pointing to an associate who owns a Chicago nightclub that says his business has been consistently down 15 percent or more since a smoking ban was passed in Illinois.

“Our fight is about what’s fair and not fair,” Maynes said. “It’s hard for people to understand that this isn’t a smoking vs. non-smoking issue. It’s about a level playing field for everyone.”

Maynes is confident a judge will stop the law from being enforced, meaning IBAR will take its fight directly to the legislature next session to make sure bar owners’ voices are heard.

“We want this group to be a political powerhouse,” he said. “We will donate to campaigns, find and support candidates who are pro-small business and lobby for our interests. We were caught off guard this year, so we have to band together to make sure that doesn’t happen again.”

Maynes said 30 to 40 different bars in the Des Moines area are already members of the group. He hopes that as IBAR becomes better known, those numbers will increase. CV

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