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• KC’s smoking ban gets appeals court hearing  

The fate of Kansas City's voter-approved smoking ban now rests with the Missouri Court of Appeals.

Lawyers for the city and a group opposing the smoking ban squared off this morning in arguments before the appeals court.

At issue is whether Kansas City's ban on smoking in small bars and billiard parlors complies with state law or exceeds the authority given by the state to regulate smoking.

Jonathan Sternberg argued on behalf of JC's Sports Bar, which was fined for violating the Kansas City comprehensive ban against smoking in bars and restaurants that voters approved in 2008. Sternberg argued that, under state law, Kansas City is not allowed to regulate smoking in bars, billiard parlors and restaurants that seat fewer than 50 people. He said smoking in small bars such as JC's is specifically permitted under the state's Clean Indoor Air Act, and the city cannot prohibit what state law allows.

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