Arbitrary Law

Summary


Shawnee County District Judge Franklin Theis made a logical ruling, as far as it went, last week when he issued a limited injunction blocking implementation of the state's smoking ban in class A and B private clubs.

The state law would allow smoking in private clubs licensed before Jan. 1, 2009, but not those licensed after that date. Owners of a Tonganoxie club licensed after the cutoff filed a lawsuit and asked the court for a permanent injunction prohibiting implementation of the smoking ban.

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Extract


Arbitrary Law

Theis agreed the Jan. 1, 2009, date was arbitrary, but granted only a limited injunction. He didn't rule that...

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