Bingomania of Eugene is suing the city for an exemption to the recently enacted smoking ban, but city lawyers say constitutional law almost certainly favors the city.
Bingomania’s lawsuit, which was filed March 6, is based largely on the assertion that the city is violating the 14th Amendment’s section requiring a government to have a rational reason for passing a law.
“The ban serves no legitimate government purpose,” Bingomania general manager Cory Fischer said.
Jeff Matthews, a lawyer with Harrang, Long, Gary and Rudnick, which is the firm contracted by the city to handle its legal services, said in most cases “courts have set low hurdles” to prove that a law “is rationally related to a government interest.”
He said that the ban protects citizens, and specifically business employees, from involuntary second-hand smoke, and is “therefore rationally related to a government interest.
“A government is always concerned with the health of its citizens,” he said.
The city has 30 days to reply to Bingomania’s complaints, and the earliest they could go to court is eight months, Matthews said.
In addition to its other charge, Bingomania said the smoking ban discriminates specifically against the company.
Under the ban, which took full effect Jan. 1, a room must have at least 25 percent of its walls open to outside air before smoking is allowed in it, city Senior Policy Analyst Jan Bohman said.
Bingomania built a $60,000 designated smoking room with ventilation four years ago, and Fischer said the ban should also allow for smoking in such rooms.
“It’s segregation, and it’s not fair,” she said.
She also said that the ban has “crippled” business. In the first month of the ban, Bingomania earned $19,000, as compared to $78,000 for Dec. 2001, she said.
“It’s devastating,” Fischer said. “We’ve lost a ton of money.”
Much of the lost business, both for Bingomania and for bars around Eugene, has gone to Springfield, Fischer said.
“All you have to do is drive five minutes, which is great for Springfield but not good for Eugene businesses,” she said.
Fischer said Bingomania management has tried “everything” from appealing to the city council to trying for a land use variance before taking the city to court, “but the way the ordinance is worded, they don’t even know what they want.”
Both sides said it’s too early to know how the suit will go, and that it might depend on the judge’s leanings.
A judge will try the suit instead of a jury because Bingomania is not suing for monetary damages.