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Kansas smoking ban applies to Wichita, judge rules

  • The Wichita Eagle
  • Published Tuesday, August 31, 2010, at 11:58 a.m.
  • Updated Tuesday, August 31, 2010, at 12:32 p.m.

A Sedgwick County District Court judge today lifted a temporary restraining order that prevented the statewide indoor smoking ban from applying to businesses in Wichita.

As a result of the ruling by Judge Jeff Goering, the statewide ban takes effect in Wichita today. The ban took effect for the rest of the state on July 1.

In issuing his ruling, Goering wrote, "There is no question that the Kansas legislature can ... regulate smoking in the State. The scope and breadth of that regulation is a matter of public policy, and it is not for this Court to second guess the wisdom of that policy."

The decision brought a quick response from those who support the ban.

"Today's ruling was another victory for public health," Kevin Walker, regional vice president for advocacy for the American Heart Association, said in a statement. "We applaud the judge's ruling and are very happy that Wichita has joined the rest of the state in clearing the air in public venues."

Sedgwick County District Judge Eric Yost issued the temporary restraining order June 18. Goering heard arguments Aug. 19 on the issue.

For more on this story return to Kansas.com and read Wednesday's Eagle.

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