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Why didn't they give the court the evidence?

Staskal wrote in his ruling. "If there
was evidence that this has been the widespread and general impact of
the smoking ban, the plaintiffs could probably be said to have made a
showing of irreparable harm. But there is no such evidence."

Other evidence provided by the state in support of the ban showed that
smoking bans in other parts of the country had not had a negative
economic effect on the bar and restaurant industry in those states.
Staskal also pointed to reports that some businesses ended up
benefiting from the ban.

http://www.qctimes.com/articles/2008/08/04/news/local/doc48977a6f38af4298484437.txt?sPos=2