A Buchanan County Judge has overruled a request to block enforcement of the St Joseph Clean Air Ordinance.

Judge Randall Jackson ruled Wednesday that  the bar owner challenging the ordinance failed to meet the burden of proof.

Find his order here.

This means the lawsuit against the ordinance will continue, but the public smoking ban will go into effect as scheduled June 7th.

In an email plaintiff’s lawyer Jonathan Sternberg says the order does not state exactly why the judge overruled his motion.

“It could be as to any of the various arguments: (1) that we didn’t show the exemption was invalid; (2) that the exemption was invalid but he disagreed with us that the whole law fails as a result; or (3) despite any of this, he simply disagreed that the ordinance should not be allowed to take effect during the lawsuit.”

“This is only a preliminary determination and, of course, the case continues.”