A judge decides the statewide smoking ban will take effect in the city of Wichita immediately.

The ruling came down Tuesday morning and snuffs out the protests of some local restaurant and bar owners.

Judge Jeff Goering ruled against the businesses saying the statewide ban is legal.

15 Wichita businesses joined in the lawsuit against the state.  Business owners argued they should be allowed to follow the Wichita smoking ordinance instead of the state's.

Under the Wichita ordinance, businesses could still allow smoking under certain conditions. The statewide smoking ban went into effect July First, but since a judge was considering this case, it didn't take effect in Wichita.

Starting today, owners must now comply with the statewide ban.

In a statement, the American Lung Association says it applauds the court's decision.

Eyewitness News Reporter Dave Roberts is following this story. Look for more developments as they become available here at kwch.com and on Eyewitness News.