The attorney for eleven Indianapolis bars seeking a stay against the city smoking ban is speaking out.

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Attorney Mark Small says studies that link smoking related illnesses to second-hand smoke are completely without merit. Small says the studies lack scientific grounds and that his case represents the first one nationwide that's challenging the actual studies. A pre-trial conference is set for Wednesday morning at 10 a.m. in U.S. District Court in Indianapolis.

Small is seeking a temporary stay against the smoking ban pending a permanent injunction. The city is asking the court to dismiss the entire case. Judge Debra McVicker Lynch is hearing the case. Small believes she'll likely hear the case based on briefs rather than arguments. However, he says that might change. The pre-trial hearing is expected to mainly address future scheduling in the case.