CHEYENNE - The only bar in Teton County that still allows smoking is one of four plaintiffs to file a lawsuit challenging the county's new smoking ban.

The Teton County Board of Health's rule goes into effect today.

Claim the rule is unconstitutional are Flat Creek Development Co., doing business as The Virginian Saloon in Jackson; the Wyoming Contractors Association; the Wyoming Trucking Association; and the Wyoming State Liquor Association. They want the air rule declared null and void in their lawsuit filed in Teton County District Court on Friday.

The defendants are the Teton County Health District and the Teton County Board of Health.

Teton County's air rule restricts smoking in all places of employment, bars, restaurants and sports arenas. Smoking cannot take place within 20 feet of any public establishment, outdoor serving areas of restaurants, seating areas in outdoor arenas and ski lifts.

Terri Gregory, Teton County public health manager, said the department was aware of the lawsuit. "We intend to go ahead and implement the rule tomorrow," Gregory said late Friday afternoon.

"We will be taking an educational approach with the business owners," and no one will be arrested, she added.

The rule makes a person who smokes in an area where smoking is prohibited subject to a fine of up to $1,000 or imprisonment for up to one year for each day on which the violation occurs. The same penalty applies for business owners and managers.

The lawsuit noted that all bills to authorize counties to regulate smoking have failed in the Legislature. The Jackson Town Council, moreover, has considered and refused to adopt an ordinance to regulate smoking in public facilities.

The lawsuit claims the health board had no authority to adopt the ban. The statutory authority of the health district and board is "to prevent the spread of contagious diseases rather than engaging in social engineering," the lawsuit said.

The regulation of places of employment for public health and safety, "smoking related or otherwise," is vested exclusively in the Wyoming Occupational Health and Safety Commission, the lawsuit argues. Regulation of air quality is the job of the Wyoming Environmental Quality Council.

The lawsuit also says that although the air rule is based on the finding that breathing second-hand smoke is a cause of disease to healthy nonsmokers, the rule does not prohibit smoking in personal residences, vehicles or private clubs.

The plaintiffs claim the rule violates the Wyoming constitutional requirement that all persons similarity situated should be treated alike.

In March, the county health board voted unanimously to pass the air rule after a long public comment period.

At that meeting, Mike Kraft, general manager of The Virginian Lodge, said some of his customers came to the bar because it was the only one left in town where people could smoke indoors.

"It's not so much the health issue, but they are taking away people's rights to do what they want to do," Kraft said at the time.

In addition to a declaration by the court that the rule is void and unenforceable, the plaintiffs seek preliminary and permanent injunctions to prevent the defendants from enforcing the ban.

The plaintiffs also want the defendants to pay the costs and fees of the lawsuit.

Cities including Laramie, Cheyenne, Rock Springs and Evanston all have their own versions of a smoking ban.

Contact Joan Barron by e-mail at joan.barron@trib.com or by phone at (307) 632-1244.