The state has been cleared for now of a challenge by a group of bar owners who contend the ban on smoking in restaurants and bars is unconstitutional.

Circuit Judge Sabrina McKenna yesterday dismissed the suit by the Hawaii Bar Owners Association, which argued that the law violates the Constitution because it's too vague.

McKenna ruled that the group had the legal standing to bring the challenge, but that it did not show the law is "not a proper exercise of the state's police power." She also said the group could not show the law is unconstitutional because none of its members has been cited for violating the statute.

The judge, however, ruled that the group can refile the challenge later.

Paul Yamamura, attorney for the nonprofit group, said he will talk to his client and may refile the challenge if one of its members gets cited.

Deputy Attorney General John Molay said he's confident the state will prevail even if a new suit is filed.

"The law is clear, and a person of ordinary intelligence would understand what acts are prohibited," he said.

The law went into effect Nov. 16 to protect people from secondhand smoke. It prohibits smoking in bars, restaurants and other places that serve liquor and within 20 feet of the entrances and windows.

The law includes a $100 fine for a first offense for a business and a $50 fine for smokers who violate the law.

The law is one of the toughest in the country. State health officials earlier said other bans have successfully withstood court challenges in other states.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.