Outagamie County Circuit Judge Dee Dye threw out a lawsuit filed in June by 35 bar owners after he determined the city’s smoking ban ordinance, approved by voters in April, did not violate state law.

Although I’m pleased with his decision, the fight is by no means over yet. Opponents of the ban are urging council to schedule a special election in November to allow voters to revisit the ban. Additionally, further legal appeals are possible. I’m not sure they’ll get it overturned in the courts, but I’m hoping the second referendum will be on the April ballot. I think a November special election will have a turnout much more likely to be biased against the ban. I think an April referendum will likely have similar results to the first.

• Post-Crescent article: Voters get crack at smoking ban

***Update***

It looks like the second referendum will be in April, which is good. The choice of dates could have very easily changed the result of the vote.