A lawsuit challenging the constitutionality of Iowa’s Smokefree Air Act has been dismissed after coalition of Iowa bar owners decided to drop their court challenge.
The lawsuit was filed last year by Choose Freedom Iowa, the Iowa Bar Owners Coalition, Clinton’s Organized Bar & Restaurant Owners and Froehlich Properties Inc. just as the state’s smoking ban went into effect. The suit claimed that the ban was unconstitutional.
The groups sought a temporary restraining order against enforcement of the ban while the lawsuit worked its way through the courts, but a judge last August refused to grant the order.
One of the plaintiffs, Brian Froehlich of Wilton, told the Associated Press that the group was “redirecting their efforts and will support the bars that are going to court to protect their businesses.”
In a statement released after the lawsuit’s dismissal, Iowa Attorney General Tom Miller said there are 44 liquor license enforcement actions involving the smoking ban currently before the Iowa Alcoholic Beverages Division.
“We will continue to support enforcement of the law and defend any challenges to the constitutionality of the law,” Miller said. “The great majority of Iowa businesses are obeying the law, and we will not allow a small minority to flout it.”