Springfield, Missouri's New Smoking Ban Violates Missouri State Law

If you are a smoker in Springfield, Missouri, be sure to light them up after June 6. Despite the voters of Springfield, Missouri passing a law banning smoking in all business establishments and parks in the city, the new law violates the more superior state law. The chain of command places the Constitution as the Supreme law of the land followed by state and then county laws before city laws. Springfield's new smoking ban clearly violates Missouri state law.

Missouri's 1992 statewide Indoor Clean Air act has a provision that provides certain businesses, like bars and restaurants, to allow smoking. Springfield laws must comply with these state laws. The city of Springfield, just like their redlight cameras that violated Constitutional laws, will not be able to enforce the law. The city of Springfield simply cannot prohibit private business owners from allowing smoking in these establishments.

Other cities have tried to push similar smoking bans. These bans have been challenged successfully in Iowa, Michigan, New Hampshire, New Jersey, Ohio, Pennsylvania, and Washington. Soon Missouri will be added to the list.