No delay for smoking ban

Publication Date: 2006-06-23

• Author:Chris Frates
• Publication:Denver Post

A federal judge this morning declined to delay the implementation of Colorado's smoking ban on July 1st.

U.S. District Court Judge Lewis Babcock turned down a request for a temporary restraining order from a coalition of bar and tavern owners who said the ban passed by the Colorado legislature violates the constitutional right to equal protection because the ban does not apply to casinos, cigar bars or tobacco shops.

Babcock, in announcing his ruling, said the notion that allowing smoking is a fundamental right "is far-fetched." The plaintiffs failed to prove they would experience irreparable harm when the ban goes into effect.