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Bar owners fail to stop smoking ban

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DES MOINES (AP) - Bar owners seeking a halt to the enforcement of Iowa's smoking ban have lost their first battle in a lawsuit against the state.

In an order issued Monday, a Polk County judge refused to grant the coalition of bar owners a restraining order that would block officials from enforcing the ban.

The group filed the lawsuit on July 1, the same day the Iowa Smokefree Air Act went into effect. It argues that the ban, which prohibits smoking in nearly all public places including restaurants and most bars, is unconstitutional.

Judge Douglas Staskal says the group's only viable complaint in the lawsuit is that the act unfairly allows smoking in some areas while banning it in other areas.

But he says the public's interest in enjoying the health benefits under the law outweigh the group's request for the restraining order.

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