DES MOINES - A pair of Iowa bar owners say their businesses have taken a hit since a statewide smoking ban took effect July 1.

Carrie Krumm, owner of Champion's Bar & Grill in Mason City, said liquor and beer sales have dropped, and she's lost the business of a few regulars who smoke.

But Krumm said the drop isn't threatening her business.

She hasn't had a problem enforcing the ban in her establishment, and her patrons have largely adapted to the change.

"Only one time someone walked in with a cigarette and we just reminded them, and they put it out," she said.

Krumm said her patrons go outside if they want to smoke, which could be problematic when the weather gets cold.

A group of bar and restaurant owners filed a lawsuit claiming the ban places unconstitutional burdens on businesses.

The group has asked the court to put a temporary halt on the ban until it can rule in the case.

Brian Froehlich, owner of Fro's Pub 'n' Grub in Wilton and a plaintiff in the case, said he noticed a slowdown in business the day the ban took effect.

Froehlich had only a handful of customers in his establishment during his July 1 happy hour, when ordinarily he'd have between 15 and 30 patrons.

"We open our doors every day, and we worry," he said.

Nearly three-quarters of all smoking ban violation notices sent out by the Iowa Department of Public Health since the ban took effect have gone to bars and restaurants.

Notices were also sent to three retail stores, a county fair association and two adult entertainment venues, said Brent Saron, community health consultant for the Iowa Department of Public Health.

Another 15 notices have gone to eating and drinking establishments, Saron said.

The department sends an educational notice to a business after receiving public complaints that the business is not adhering to the smoking ban. The notices do not include citations or fines, which are only issued by law enforcement officials after the department receives continued complaints.

George Eichhorn, attorney for the plaintiffs in the lawsuit and a former state representative, said there will be a hearing Aug. 1 in Polk County District Court to determine whether the court should issue a temporary injunction on the ban.

Eichhorn said he intends to prove the ban will do serious harm to his clients' businesses if it's allowed to continue until the court rules on its constitutionality.

"I think we have a situation where a statute doesn't work the way the people thought it was going to and it basically discriminates against the small business person," he said.

The Iowa Attorney General's office will argue temporary injunction on the ban is unnecessary during the Aug. 1 hearing, said spokesman Bob Brammer.

"We are looking forward to the hearing as an opportunity to make our case and defend the statute, and to explain why a temporary injunction is not appropriate or justified," Brammer said.

Contact Fred Love at (515) 243-0138 or fred.love@lee.net.