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Kansas Supreme Court To Review Smoking Law

(AP) – The Kansas Supreme Court will hear arguments next week in an appeal filed by the attorney general over a case involving the 2010 statewide smoking ban.

The appeal comes from an injunction issued in 2010 by Shawnee County District Judge Franklin Theis in a case filed by the Downtown Bar and Grill in Tonganoxie. The issue is whether a deadline imposed under the ban for granting exemptions under the law to a narrow class of private clubs is constitutional.

Legislators in 2010 set a cutoff date of January 1, 2009, by which clubs had to have licenses to be exempt from the smoking ban. The Downtown Bar and Grill received its license in May 2009.

Theis ruled the statewide ban was constitutional but said the issue needed review.

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