We have a brand new updated website! Click here to check it out!

Casino Will Become Defendant In Court Challenge Of Clean Air Ordinance

James bond smokingThe bar owner challenging the city’s new smoking ban must soon fight that battle on two fronts. Buchanan County Circuit Judge Randall Jackson has notified lawyers in the case that he will allow St Jo Frontier Casino to intervene in the case, and they will join the city as defendant.

Judge Jackson has not filed his ruling in the case by mid-day Thursday, but a proposed order has been filed electronically.

Lawyers in the case confirm being notified by the judge that his ruling would allow the casino’s lawyers to defend its interests in court. In court documents they argued that removing the casino gaming area’s exemption would have a negative, and perhaps permanent effect on the gambling house.

The casino’s general manager noted in an affidavit that he believes there would be a substantial, and possibly fatal drop in revenues from competitors in the area if St Jo Frontier Casino were forced to bar smoking.

The lawyer for the bar owners seeking to throw out the ban acknowledges he now has two distinct adversaries. But Jonathan Sternberg says it just shows that St Jo Frontier Casino is worried.

A member of Judge Jackson’s staff on Wednesday said he had not yet entered or signed an order on the motion to name the casino as a second defendant, but that was expected to happen soon.

Copyright Eagle Radio | FCC Public Files | EEO Public File