Iowa bar owner tells judge smoking ban illegal

BURLINGTON - A Des Moines County judge is considering a West Burlington bar owner's claim that Iowa's smoking ban violates the state and federal constitution.

Larry Duncan, owner of Otis Campbell's Bar and Grill, made his case Tuesday before Judge Mary Ann Brown. His lawyers argued during a two-hour hearing that the law approved in 2008 violates clauses in both constitutions dealing with interstate commerce, equal protection, due process and civil rights.

Duncan's lawyers also say the Iowa Alcoholic Beverages Division illegally enforced the state's law rather than the Department of Public Health.

Assistant Attorney General John Lundquist responded that the division was within its rights to enforce the smoking ban and that the law didn't violate the Iowa or U.S. constitutions.