Sorry, smoke ban OK
Judge rules law does not violate bar, eatery rights
David Montero, Rocky Mountain News
Published October 21, 2006 at midnight
No buts about it for now - a judge ruled Friday the state smoking ban covering restaurants and exempting casinos does not violate equal protection rights under the law.
U.S. District Court Judge Lewis Babcock wrote in his opinion that the legislature had every right to say where smoking could be banned and allowed.
"In pursuit of valid public policy goals . . . courts may strike such legislation only if the distinctions are irrational and completely unrelated to any conceivable policy goal," he wrote. "While it may be true that plaintiffs will face hardships that casinos will be spared, this by itself does not render the act unconstitutional."
The lawsuit was filed by the Coalition for Equal Rights, a group of 500 tavern owners. It was even championed by Pueblo District Attorney Bill Thiebaut.
Jim Von Feldt, president and founder of the nonprofit, Denver-based coalition, said he was stunned by the judge's ruling and believes there are grounds for appeal.
"We've got young men dying for freedom over there in Iraq and right here we're having freedom taken away from us," he said. "This just shows it's about special interests."
The law banning smoking went into effect in July and covers workplaces, bars and restaurants. Casinos, cigar bars, tobacco shops and the smoking lounge at the Denver International Airport are exempt from the Colorado Clean Indoor Air Act.
Jason Dunn, deputy attorney general who argued the case for the state, said the judge's ruling upheld the legislature's right to make policy without addressing every aspect of the ban immediately.
He said the judge recognized the legislature's belief that towns with casinos are more reliant on those businesses than a city such as Denver, which has a diversified economy.
Von Feldt said the legislature overstepped its bounds with the law and has cost "dozens of businesses" to shut down since it was signed by Gov. Bill Owens.
Von Feldt's attorney, Joseph Becker, said he believed there are grounds to go to the 10th Circuit Court of Appeals. If the judge's decision is appealed, the court must be notified within 30 days.
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