The Missouri Court of Appeals, Western District will convene at Missouri Western State University Tuesday to hear oral arguments in three cases including one regarding a fine for violating the City of St. Joseph’s 2014 Smoke-Free Indoor Air Ordinance.
A three-judge panel consisting of Western District Judges Joseph Ellis and Gary Witt and Missouri Supreme Court Judge Zel Fischer will hear oral arguments in the cases.
DeWayne A. Leer, one of the owners of Uncle D’s Sports Bar & Grill is appealing a municipal court decision not to dismiss a fine for allowing smoking inside Uncle D’s on Aug, 21 2014. According to the case summary, DeWayne said the trial court erred in not dismissing the charges for several reasons. One of those is that the, “2014 Ordinance does not bear equally on all persons coming naturally within its class of ‘public places’ and ‘places of employment,’ but instead grants a special right and privilege to a special subclass of those places that does not have a special relationship to smoking indoors.”
The Court will sit at Missouri Western on Tuesday, October 13, 2015. Arguments will begin at 9:30 a.m., and will once again be held at the Kemper Recital Hall located inside Spratt Hall on campus.
Other cases involve appeals for a conviction on the use of a child in a sexual performance and a driving while intoxicated conviction.
CLICK HERE to read full case summaries