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Legislator: Justus decision to come later

State legislation could preserve restaurant’s name

By Nancy Hull

Wednesday, October 1, 2008 4:23 AM CDT
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The name fate of one of Smithville’s most popular destinations might not come for several more months.

A local state lawmaker and the attorney for Justus Drugstore: A Restaurant walked away from a Missouri Pharmacy Board meeting in Columbia last week with a sense that the board will hold off deciding whether to demand that the restaurant drop “drugstore” from its name until state legislators have their say.

Sen. Luann Ridgeway, R-Smithville, plans to propose legislation in the Senate next year that would prevent the possibility of the restaurant losing its history-rich name. Rep. Doug Ervin, R-Kearney, plans to propose the legislation in the House of Representatives.

She asked the board to delay action on the name until legislators have a chance to revise the law at issue.

“After some private discussions after my formal presentation, it is my belief that my request was effective and that there’s an about 80 percent chance that there will be no court action, at least not until the Legislature has an opportunity to address this issue,” Ridgeway said.

Restaurant owners Jonathan Justus and Camille Eklof weren’t at the board meeting last week, although their attorney, Bill Raney with the American Civil Liberties Union, was.

In June, the board demanded that the restaurant drop “drugstore” from its name, saying the name violated a state law that prohibits businesses outside of those with licensed pharmacists from using words including “drugstore,” “apothecary” and “pharmacy.”

Jonathan Justus’ grandparents brought Justus Drugstore to Smithville in 1914. When Jonathan and his wife, Camille Eklof, opened their restaurant a couple of years ago, they stuck with the legendary family drugstore name.

Ridgeway got involved at Justus’ request. The legislation will propose that “drugstore” and the other terms only face danger when the business is clearly posing as a drugstore.

“It is absurd that they’re holding this sledgehammer over the head of not just a Missouri business but what happens to be one of the best new restaurants in the state if not the United States,” Ridgeway said. “It’s clearly an excessive abuse of power.”

Jonathan Justus isn’t sure why his restaurant’s name is at issue while others bearing those same forbidden words have not faced trouble.

Justus said he’s received more than 1,000 e-mails on the topic, mostly from individuals supporting the name.

“This has drawn response from all over the place,” he said.

All this commotion over something he still has trouble believing is really an issue.

“When this first came up, I was convinced it was a hoax. I thought I’d been duped,” he said.

Smithville Editor Nancy Hull can be reached at 532-4444 or nancyhull@npgco.com.

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