RIPLEY -- Since the Jackson County Health Department passed a smoking ban last year, the owners of M&R Restaurant have continued to allow customers to light up.

The Jackson County prosecutor's office is planning to file a motion for injunctive relief June 11 and the court could order the restaurant owners to comply.

But the owners of M&R say if that happens, they'll just shut down.

"Depending on his ruling, we'll see if M&R restaurant is still in business on June 12, because we will not take the ash trays off the tables," said restaurant owner Kathy Judge.

The hearing will be at 3:30 p.m. before Jackson Circuit Judge Thomas Evans.