Print edition: 
Ali Issa was busy Tuesday putting up new signs at his business on North Rock Road.
"We're saying, 'Sorry, you can no longer smoke inside,' " said Issa, owner of Heat Cigar and Hookah Lounge.
Earlier in the day, Sedgwick County District Judge Jeff Goering lifted a temporary restraining order that had prevented the statewide indoor smoking ban from applying to Wichita's businesses.
The ban took effect as soon as Goering signed off on his ruling. It has applied to the rest of the state since July 1.
In his ruling, the judge defended the Legislature's right to regulate smoking in Kansas.
"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," he wrote.
But he also chided the state for using a double standard of allowing smoking in state-owned casinos while banning it in private businesses.
Among the plaintiffs' arguments was that Wichita's smoking ordinance — which allowed indoor smoking in businesses that prohibit minors or establish separate, ventilated smoking rooms — is more stringent than the state's and should be the controlling law in Wichita.
But in his ruling, Goering wrote, "There is no question (the state's law) is the more stringent."
Harry Najim, the Wichita attorney for more than a dozen plaintiffs who sought the restraining order, said, "The lawsuit continues. It's not over."
He said he and the plaintiffs will decide their next course of action soon.
Those options include proceeding to trial, filing an appeal or asking the judge to revisit his decision, Najim said. He said it would be 60 to 90 days before a trial could start.
Goering wrote in his ruling that the plaintiffs weren't entitled to a preliminary injunction because they are "not likely to succeed on the merits of their claim."
"Basically, unless you have a slam-dunk case, the judge is saying that it's not likely we will ultimately prevail," Najim said. "That's a very high standard to meet."
Issa noted other legal action in the works could still affect the law. "We're not the only one fighting this smoking ban," he said.
The signs Issa put up Tuesday also suggested customers use the business's outdoor patio to smoke or to come inside and use water pipes to smoke herbal products.
Public health concerns
Last spring, the Legislature banned indoor smoking in restaurants, bars, workplaces and other public areas. But the law contains exemptions, including for tobacco shops and the gaming floors of state-owned casinos.
After some businesses, including Issa's, filed suit, Sedgwick County District Judge Eric Yost issued a temporary restraining order June 18 against the ban for Wichita.
That allowed Wichita's businesses to operate under the Wichita ordinance.
On Aug. 19, Goering heard arguments from the businesses and the Kansas Attorney General's Office.
Wichita businesses said the statewide ban would cost them hundreds of thousands of dollars.
The state argued that it "has a legitimate interest in the health of its citizens."
But Goering wrote that those arguments "must be taken with a grain of salt."
"Although the (defendants) argue that smoking and breathing second hand smoke are harmful to the public health," he wrote, "the legislature has nevertheless permitted smoking in casinos.
"The (plaintiffs) are justifiably upset that they are being forced to make an economic sacrifice in the name of health that the State of Kansas is unwilling to impose on casinos."
Najim said he thought the state's concerns about public health "should be taken with a bushel of salt."
He added he was disappointed that Goering's ruling on the legal issue was different from the one by Yost.
Attorney General Steve Six said in a statement that "Judge Goering's ruling makes clear that policy decisions should be made by the legislature, not by lawsuits."
The ruling also drew resounding approval from groups supporting the ban.
Kevin Walker, regional vice president for advocacy for the American Heart Association, called the decision "another victory for public health."
"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," he said.
Chris Masoner, government relations director for the American Cancer Society, said, "We are pleased that Wichitans will finally be able to breathe easier as well."
Private clubs
One legal issue still on the table for the smoking ban involves private clubs.
Those clubs licensed before Jan. 1, 2009, are exempt from the statewide smoking ban.
But this summer Shawnee County District Court Judge Franklin Theis issued a temporary injunction in favor of 31 private clubs that were granted licenses after Jan. 1, 2009.
In his ruling, Theis said the Jan. 1, 2009, date was "at best, an unintended consequence" and "wholly arbitrary."
He granted the temporary injunction in response to a suit filed by Downtown Bar and Grill, a private club in Tonganoxie that was licensed in May 2009.
The Attorney General's Office has appealed. A ruling by the court isn't expected until sometime this fall.
If the court rules in favor of the private clubs, Issa said, many Kansas businesses will switch to that status.
He doesn't anticipate his business switching to private-club status.
"But we have to see how it goes," Issa said. "If it's not working well, we'll move to the next step."
