Jump to full article: Burlington (IA) Hawk Eye, 2009-08-23
Author: CHRISTINIA CRIPPES
Intro: A brief responding to a petition for judicial review of the statewide smoking ban due this weekend will be a few days late.
The state was expected to respond to West Burlington bar Otis Campbell's petition by Aug. 22, according to an order from a Des Moines County District Court judge.
The state is expected to file its responding brief the first week of September, after requesting an extension, according to a spokesman for the Iowa Attorney General's Office.
Otis Campbell's owner Larry Duncan's attorneys also turned in their brief a few days past the July 22 deadline.
The nearly 80-page brief in support of petition for judicial review can be summed up in one short sentence: The Iowa Smokefree Air Act is unconstitutional.
All but two of the brief's eight points argue against the constitutionality -- both Iowa's and the United States' -- of the ban.
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