Downtown Bar & Grill v. State
Annotate this CaseOn July 1, 2010, the legislature enacted the Kansas Indoor Clean Air Act. The Act generally prohibits smoking in public places but exempts Class B clubs, premises operated for profit to which members resort for the consumption of food or alcoholic beverages, as long as the clubs were so licensed as of January 1, 2009. Downtown Bar & Grill was not licensed as a Class B club on January 1, 2009, and thus was ineligible for a smoking ban exemption under the Act. Downtown Bar brought this declaratory judgment action asking the trial court to declare that the Act violated the Equal Protection Clause and to accordingly issue temporary and permanent injunctive relief. The trial court agreed, holding that the cut-off date of January 1, 2009 was arbitrary, which therefore meant the statute could not be rational. The Supreme Court reversed, holding (1) the trial court erred in finding that the statute was not rational; and (2) therefore, Downtown Bar was unable to establish an element essential to issuance of a temporary injunction: a substantial likelihood of eventual success on the merits. Remanded.
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