Small business owners in Iowa are standing against the smoking ban, trying to get it overturned. It's something many have been working for since the ban went into effect.

In West Burlington, bar owner Larry Duncan spent 500 days and tens of thousands of dollars to have his day in court, which he had on Tuesday. Now a judge will hear his appeal against the state of Iowa.

Duncan says it's not about his own desire to smoke but to choose how he runs his business.

"A 4th grader could read the constitution and know this law is not constitutional. It's not fair and equitable for everybody."

Which is why the owner of Otis Campbell's Bar and Grill says he's standing up, for those small business owners who can't afford to. Duncan has waged a nearly two year long battle with the state, hoping to have his day in court to plead his case.

"If the state thought they were gonna win this, why weren't we in court 500 days ago," he says. "This could have all been over with."

Now a judge is poring over 180 pages of briefs from both sides, looking to find a resolution in a case that has already cost many workers their jobs. Some bar owners have said their business is down up to 40% since the ban went into place a year and a half ago.

"We've had to cut our employees from 42 to our payroll today was 23 checks," he says.

Duncan himself actually continued to allow smoking in his bar up until April, when the state received complaints about it and revoked his liquor license.

Since then his license has been reinstated but business hasn't returned.

"It will put me out of business," Duncan says. "It's already cost 19 good people their jobs. Not one of them deserved it."

The state of Iowa put the ban into place partly because of health concerns for bar and restaurant customers. Duncan understands that, but says if they really wanted to do this they should have asked those customers for their input directly.

"If the people of Iowa have a say and can vote on the constitutionality of it, they could design a law around that, I'll be smoke free," he says.

A ruling on the appeal isn't expected for at least another month. Duncan says regardless of what the judge decides in the case, he expects the losing side to appeal.