Judge bars smoking ban from applying to private clubs; most of Kansas goes smoke free at midnight

smokingbanTOPEKA – Shawnee County District Court Judge Franklin Theis issued an temporary injunction barring the statewide smoking ban from applying to 31 private clubs.

The rest of the state — except for Wichita — will go smoke free as of midnight when the state’s indoor smoking ban takes effect.

Attorney General Steve Six called the ruling a “victory,” saying that Thursday most of Kansas will go smoke free.

The latest ruling, which is available on Shawnee County Court’s website, applies only to private clubs whose licensed were issued after Jan. 2, 2009.

Under the law passed by lawmakers, private clubs licensed Jan. 1, 2009 or before were exempted from the smoking ban. The law also does not apply to long-term elder care facilities and gaming floors at state-owned casinos.

Also exempted from the smoking ban are bars and restaurants in Wichita, which fall under a temporary restraining order. There will be a July 15 hearing to determine the outcome in that case.

For more on the smoking ban, and other laws taking effect tomorrow, read Thursday’s Wichita Eagle.