Ruling on smoking ban looms

Proponents and opponents of Springfield's smoking ban could see a ruling on the disputed ordinance in about a week.

That's the estimate Associate Circuit Judge Jason Brown gave Wednesday at the end of a summary judgment hearing.

Jean Doublin, who owns Ruthie's Bar on Commercial Street and is suing the city over the ban, said she was satisfied with attorney Jonathan Sternberg's arguments during the hearing attended by several tavern owners.

"I hope he decides in our favor," Doublin said after the half-hour hearing .

Brown, who heard arguments from Sternberg and assistant city attorney Marianne Landers Banks, said he anticipates making a ruling soon.

"Hopefully, within the next week," he said.

Earlier this year, Brown refused to issue a restraining order to halt implementation of the ordinance.

There was no clear hint on how the judge might rule after hearing each attorney's arguments.

The judge's questions raised issues he'll consider.

He indicated a central question is whether the ordinance that's been in effect since June 11 is regulation or prohibition of smoking in what are considered public places.

Sternberg argued that Ruthie's is not a public place because it displays signs notifying customers that it has no accommodations for non-smokers.

That means state law overrules local ordinances, he contended.

"What the city has done here is outright prohibition of what the state allows," he said.

Banks argued a sign does no such thing and it does not prevent a tavern from being considered a public place and covered by the ban.

Before the hearing, Sternberg said the judge's ruling won't end the legal battle over smoking in Springfield.

That's because whoever loses, an appeal can be expected, he said.