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Brief filed for smoking ban challenge  

With the Tuesday filing of the last brief for contesting the constitutionality of the Iowa Smokefree Air Act, West Burlington bar owner Larry Duncan will finally have his day in court.

The owner of Otis Campbell's and Aunt Bea's has been arguing since before the statewide smoking ban went into effect that it was unconstitutional. He's also argued he has been denied his day in court since the ban's July 1, 2008, enactment.

Still, the brief filed Tuesday by Duncan's attorneys says the case never should have come to this.

The attorneys, Burlington's Darwin Bunger and Stratford's George Eichhorn, argue Duncan was still denied due process, as his constitutionality concerns first should have been addressed by a judicial magistrate and not the Iowa Alcoholic Beverages Division.

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