Pubdate: Fri, 19 Mar 1999 Source: Associated Press Copyright: 1999 Associated Press Author: Charles E. Beggs of The Associated Press RESTAURANT OWNERS FIGHT SMOKING BAN IN CORVALLIS BARS The Oregon Restaurant Association Points To The State Law That Requires Separate Smoking Areas And Exempts Taverns SALEM -- Restaurant owners defending what may be the last public indoor refuge for smokers -- bars -- urged a state court Wednesday to overturn a Corvallis ordinance that bans smoking in drinking places. Last July 1, the university town became the first city in Oregon to go beyond the state's indoor smoking restrictions and outlaw the practice in bars along with all other "enclosed public places." The Oregon Restaurant Association is fighting the ordinance, arguing that it's invalid because it conflicts with the state no-smoking law. State law requires restaurants to provide no-smoking areas and can forbid smoking in the entire restaurant, but it exempts their bar portions and taverns. In arguments before the Oregon Court of Appeals, an attorney representing the restaurant industry said the issue is whether cities are free to make choices of policy that go beyond what the Legislature decides. "The state law was trumped by the city ordinance," Salem lawyer Jim Brown told the court. Brown also contends the ordinance is unconstitutionally vague because of confusing wording about also forbidding smoking near entrances to nonsmoking places. The restaurant association is appealing a decision issued by Benton County Circuit Judge Robert Gardner last April that local governments can establish smoking restrictions that are more strict than the state's. Corvallis voters last November decided to keep the bar smoking ban after foes of the ordinance referred the measure to the ballot by petition. Richard Wasserman, an assistant attorney general, said there is no clear evidence the Legislature intended to pre-empt local governments on the smoking ban issue. Opponents of the ordinance, in their written brief filed with the court, conceded that they face an uphill fight. The appeals court took the case under advisement. - --- MAP posted-by: Patrick Henry