State makes its case against Duncan, supports revocation of license.
Jump to full article: Burlington (IA) Hawk Eye, 2009-09-05
Author: CHRISTINIA CRIPPES
Intro: Echoing current arguments in politics, the state points to laws defining equal protection and rights versus privilege in stating its case in support of the Iowa Smokefree Air Act's constitutionality.
The Iowa Attorney General's Office filed its nearly 60-page response to West Burlington bar owner Larry Duncan's petition in support of judicial review with the Des Moines County District Court late Friday afternoon.
The state's argument tackles Duncan's attorneys' brief on two fronts: Defending the constitutionality of the Iowa Smokefree Air Act in spite of the bar owner's claims to the contrary and supporting the Iowa Alcoholic Beverage Division's right to revoke the bar's liquor license.
Since the statewide smoking ban went into effect on July 1, 2008, Duncan flagrantly violated it at his business, Otis Campbell's, until his liquor license revocation -- which has since been conditionally stayed while the case is pending -- at which time he agreed to follow the law while he fought its constitutionality in court.
In arguing that Duncan and others like him are not being denied equal protection under the state and federal Constitutions, the assistant attorney general John Lundquist used, among other cases, the state's Supreme Court decision that ended the ban on same-sex marriage.
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