A West Burlington bar that was the first to lose it’s liquor license for violation of the state smoking ban is being allowed to serve alcohol again under an agreement with the State Alcoholic Beverages Division.

Larry Duncan, the owner of Otis Campbell’s, has agreed to comply with the smoking ban until he gets a court ruling on the constitutionality of the law. In exchange, Alcoholic Beverages Division administrator Lynn Walding has agreed to stay the suspension of Duncan’s license as long as he keeps the bar smoke free.

Walding has said he respects Duncan’s right to challenge the smoking ban but, until the courts address the issue, Duncan will have to respect the law. He says Duncan has mistakenly assumed that he can ignore the law until the statute is declared to be constitutionally valid.