Winfield smoking ban faces a court challenge

A private drinking establishment in Winfield has filed a lawsuit in district court that challenges a city-wide ban on smoking, an attorney for the city said Tuesday.

The suit ? which was filed on behalf of the Veterans of Foreign Wars club on E. 10th ? was actually filed in January but the city was not officially served notice of the action until February, city attorney Bill Muret said.

Suits against the city must be served to the city clerk by an officer of the court.

Muret reviewed the suit which he said asks for a temporary injunction to stop enforcement of the smoking ban at the VFW club because it is a private club not open to the public.

The city has turned the case over to legal counsel working for the city’s insurance provider, a step taken in some other instances.

Check back with NewsCow later today for more on this story.