The group of more than 50 business owners and others concerned about the ban formed a couple of months ago. It has hired Topeka lawyer R.E. “Tuck” Duncan in its fight.
Duncan has filed a motion for intervention on a lawsuit that the Downtown Bar and Grill in Tonganoxie has filed against the state of Kansas over the ban.
There’s a hearing in the suit June 29.
Duncan says he’s hoping for a temporary injunction on the ban “pending a full court hearing on whether there ought to be a permanent injunction.”
He plans to argue several theories, including equal protection.
The ban would allow casinos and drinking establishments operated by the state to still have smoking but not other gaming facilities, bingo parlors or drinking establishments.
“There’s no basis for that distinction,” Duncan says. “The obvious conclusion is the state doesn’t want to lose revenue from its own operation.”