Smoking ban faces court fight

Publication Date: 2006-04-05

• Author:Chris Frates
• Publication:Denver (CO) Post

The law, set to take effect July 1, is unconstitutional, a lobbyist says, because it exempts casinos but not other industries that rely on smoking customers.

Opponents of the statewide smoking ban are raising money to ask a court to stop the law from taking effect July 1.

A coalition of bar and tavern owners, racetrack proprietors and bingo hall operators plans to challenge the law as unconstitutional, said Chuck Ford, a lobbyist for the bars and taverns.

Meanwhile, bars with high tobacco sales are exploring whether they can qualify for the law's cigar bar exemption and continue to allow smoking.

Bars, casinos and others lobbied hard for an exemption from the smoking ban when House Bill 1175 was being debated in the legislature this session. Such a ban, they argued, would hurt, or shutter, their businesses.

But lawmakers chose to exempt only casinos, tobacco shops, cigar bars, the smoking lounge at Denver International Airport and private workplaces with no more than three employees.

By exempting casinos and not other industries that rely on smoking customers, the law violates the Equal Protection Clause of the U.S. Constitution's 14th Amendment, Ford said.