A state judge in Topeka was set to hear

arguments Tuesday in a legal challenge to the statewide smoking ban

that takes effect this week.

The challenge was filed by a group of businesses that claim the

new law does not treat all businesses equally, in violation of the

Constitution.

The law taking effect Thursday bans smoking in most public

places, including bars, restaurants and some private clubs.

Smoking will be allowed in the gambling areas of state-owned

casinos, but lighting up in bingo parlors will be against the law.