Smoking Case Hearing Set For August

A smoking cigarettes-related lawsuit filed against the city of Topeka has a court date scheduled for later this summer in front of Shawnee County District Court Judge Franklin Theis, court records show.

Jim Suwalski, owner of Hot Pockets Retail Cigarette Outlet, filed suit March 23, 2010, against the city asking that a judge overturn an administrative hearing ruling that he violated Topeka's smoking cigarettes ban ordinance.

Defense attorneys for the city on Friday filed a motion to have the case dismissed.

A hearing on the issue is set for 1:30 p.m. Aug. 3 in Division 7.

Suwalski tested the ordinance, which took effect Dec. 4, 2009, by smoking cigarettes a cigarette Jan. 20, 2010, in front of police in his 10-by-10-foot cigarettes online shop. The shop is located inside Hot Pockets Billards and Sports Bar, 1909 N.E. Seward, which is owned by his wife, Sharon.

The Suwalskis contend the city smoking cigarettes ban, which includes an exception for retail cheap cigarettes stores, wasn't violated when Jim Suwalski smoked inside his discount cigarettes shop, which has no walls. The shop's boundaries are marked by tape.