Smoking ban ruled unconstitutional

Publication Date: 2007-04-13

• Author:Mike McPhee
• Publication:Denver Post

Adams County Judge Robert S. Doyle last week ruled that the smoking ban is unconstitutional because of the exemption for cigar bars. A cigar bar is one that derives a percentage of its business from selling tobacco products.

Doyle reasoned that the ban violates the due-process rights of bar owners because it does not allow them the chance to establish their businesses as cigar bars.

Doyle's ruling came in the case of the Oasis Cabaret in Adams County, which was cited in December for allowing smoking and fought the ticket in Doyle's court...

Adams County District Attorney Don Quick said the ruling will be appealed automatically...

Sen. Betty Boyd, D-Lakewood, submitted a bill last week removing the cigar-bar exemption. Her bill is in committee, to be debated on Wednesday, she said.