From the Des Moines Register’s blog:

A West Burlington bar owner won’t appeal an Iowa District Court ruling upholding the constitutionality of Iowa’s Smokefree Air Act, which bans smoking in most public places.

Larry Duncan, the owner of Otis Campbell’s bar, still strongly believes the smoking ban is unconstitutional, said Darwin Bunger, Duncan’s lawyer. But there was no guarantee Duncan would win an appeal, and losing an appeal would have resulted in two-year license revocation, he said. […]

District Judge Mary Ann Brown, in an April 1 ruling, affirmed the findings of state alcoholic beverage regulators who had revoked Otis Campbell’s liquor license. It was the first ruling on the constitutionality of the enforcement of Iowa’s Smokefree Air Act. Brown said there is no fundamental or protected right to smoke in public or to allow patrons to smoke in a public business.

State records showed that dozens of smoking complaints had been filed against Otis Campbell’s after the Smokefree Air Act took effect July 1, 2008. Visitors described an environment in which customers freely ate and drank and puffed cigarettes amid a haze of tobacco smoke. Ashtrays remained on the bar and tables, and tables and there were no no-smoking signs.

In a settlement, Duncan agreed to comply with the smoking ban. His bar’s liquor license will be restored after a 50-day suspension.

Duncan’s case was doomed from the start. No lawsuit has ever successfully overturned a local or state public smoking ban in this country. The only realistic legal challenge would have been against the unfair exemption Iowa lawmakers granted to casino owners. However, the remedy for that would be to toss out the casino exemption, not the smoking ban. Anyway, I’ve been told that a court would likely uphold the casino exemption, on the grounds that legislators had a “rational basis” for making exceptions in the law for some businesses. Judges considering this kind of appeal wouldn’t use the “strict scrutiny” standard that applies in civil rights cases.

UPDATE: The Burlington Hawk Eye covered the judge’s ruling against Duncan here.