DES MOINES - A Polk County judge on Monday refused to put a statewide public smoking ban on hold, rejecting the request of a group of bar owners who argued the ban was unconstitutional.

District Judge Douglas Staskal said evidence was not strong enough to prove the bar owners would suffer substantial economic harm because of the smoking ban, which went into effect July 1. The plaintiffs had asked for a temporary injunction to stop the ban while their lawsuit moved forward.

Staskal called testimony that the smoking ban had caused a substantial loss of revenue since it went into effect "anecdotal and unsupported by any kind of business records."

"The plaintiffs offered the testimony of the owner of a bar in Hazleton who stated that the smoking ban has had such a drastic negative impact on her business that she is forced to close the doors and try to sell the business," Staskal wrote in his ruling. "If there was evidence that this has been the widespread and general impact of the smoking ban, the plaintiffs could probably be said to have made a showing of irreparable harm. But there is no such evidence."

Other evidence provided by the state in support of the ban showed that smoking bans in other parts of the country had not had a negative economic impact on the bar and restaurant industry there.

Staskal also pointed to reports that some businesses ended up benefiting from the ban.

Some bar and restaurant owners have complained they are required to go smoke-free while state-licensed casinos can still allow smoking on their gaming floors.

Choose Freedom Iowa, an umbrella group of those seeking to overturn the smoking ban, called the latest ruling "one small step back" and pledged to go forward with their lawsuit to overturn the ban and take the issue to the ballot box this fall.

"Small businesses should have the right to choose which way they want to operate their business - in a manner which will help create jobs, grow our economy and satisfy their customers who choose to drive there," the group's statement said. "Unfortunately, some in our government have temporarily taken away the freedom of Iowans to make their own choices of which bar or restaurant they want to visit."

Choose Freedom Iowa launched a new Web site, www.choosefreedomIowa.org, where they are signing up opponents of the smoking ban to join their cause.

Rep. Tyler Olson, D-Cedar Rapids, said lawmakers believed they were on sound legal footing when they crafted the ban, basing it on other state's laws that had survived legal challenges.

"The goal was obviously to protect as many Iowans and Iowa workplaces from the harmful effects of secondhand smoke, and that will continue because of the judge's ruling today," Olson said.

Contact Charlotte Eby at (515) 243-0138 or chareby@aol.com.