DOWNTOWN BAR AND GRILL, LLC v. State

The opinion of the court was delivered by

Nuss, C.J.:

The State appeals a trial court’s temporary injunction. The injunction prevents the State from enforcing a statute that essentially exempts certain private liquor-serving clubs from a statewide prohibition against indoor smoking. Downtown Bar and Grill, LLC (Downtown Bar) is not one of those exempt clubs and obtained the injunction on equal protection grounds. We transferred the State’s appeal from the Court of Appeals under K.S.A. 20-3018(c).

We reverse and remand to the trial court because Downtown Bar is unable to establish an element…