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Judge Rejects Colo. Smoking Ban
April 18, 2007

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News Summary

Citing the law's exemption of cigar bars, a Colorado judge has ruled that the state's smoking ban is unconstitutional, the Denver Post reported April 12.

Adams County Judge Robert S. Doyle ruled that the law violated the due-process rights of bar owners, saying that the measure does not allow them to reestablish their businesses as cigar bars. His ruling, which does not apply outside the county, will be appealed by the county district attorney.

Meanwhile, Colorado Senate Majority Leader Ken Gordon is cosponsoring a bill that would remove the law's current exemption for casinos, and another lawmaker is proposing to remove the cigar-bar exemption. A federal judge recently ruled that lawmakers have the power to determine where smoking is allowed or prohibited.

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