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Hearing Scheduled In Smoking Ban Challenge

Attorney Jonathan Sternberg
Attorney Jonathan Sternberg
A hearing is scheduled later this month on a St Joe bar owner’s constitutional challenge of the city’s clean air ordinance. Steve Peterman of Peterman’s Shamrock filed suit to block the smoking ban, asserting it violates the Missouri Constitution by exempting St Jo Frontier Casino.

An attorney representing Peterman and about three dozen other businesses and individuals says the state has prohibited such special priveleges for over 125 years. Lawyer Jonathan Sternberg says similar laws in Missouri and across the country have been struck down for such exemptions. Sternberg tells us Circuit Judge Randall Jackson will hear arguments for and against the ordinance on May 27. Jackson will decide whether to issue an injunction to block the ordinance from going into effect as scheduled June 7.

“The smoking ordinance bans smoking in all enclosed public places and enclosed workplaces in the City of St Joseph for the purpose of protecting public health,” Sternberg says. “Then, however, it suddenly goes and exempts casino gaming areas and their attached bars and restaurants inside the St Jo Frontier Casino.”

“Casinos have no more special relationship to smoking than my client’s bar does.”

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