SHEFFIELD, Ala. — The Sheffield city council says an insurance claim by a business owner shouldn’t be settled or approved. It’s a claim brought by Joseph Mitchum who says he’s out tens of thousands of dollars because of the city’s smoking ban.

In a four to two vote Monday night, council members sent the message they are not responsible for the loss. Through his attorney, Mitchum claims council members assured him the cigar bar he planned to open would go well in the city.

After purchasing a building and hiring architects to design the interior, the city banned smoking in businesses. Mitchum claims the city owes him $50,000

Mitchum’s attorney told the council following the vote Monday evening a lawsuit would be filed in the coming weeks.