Smoking Ban Challenge Dismissed

In the midst of election season, a federal trial court’s resolution of a challenge to Colorado’s Indoor Clean Air Act, in an Order dated October 19, 2006, which bans smoking in almost all indoor public places in Colorado went almost unnoticed. 

The trial court dismissed the challenge brought by business owners and found that the legislation was constitutional.  The court found that the legislature did not act irrationally in distinguishing between businesses that were exempted from the legislation (certain cigar bars, the DIA smoking lounge and casinos), and those which were not exempted.  It also found that the exemptions were not unduly vague and that the legislation was not within the legal definition of retroactivity, despite the legislation’s reference to cigar bar’s status on December 31, 2005.

Any appeal would be to the United States Court of Appeals for the 10th Circuit. 

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Andrew Oh-Willeke

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