Steffes v. City of Lawrence

The opinion of the court was delivered by

Nuss, J.;

Bar owner Dennis Steffes was cited for violating the Lawrence city ordinance regulating smoking in public places. He appeals the district court’s denial of his request to declare the ordinance invalid and to enjoin its enforcement. Our jurisdiction is pursuant to K.S.A. 20-3018(b) (transfer from the Court of Appeals on Steffes’ motion).

The issues on appeal, and this court’s accompanying holdings, are as follows:

1. Did the district court err in concluding that K.S.A. 21-4010 does not preempt the ordinance? No.

2. Did the district court err in…