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Colo. Indoor-Smoking Law Survives Legal Challenge
February 1, 2008

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News Summary

A legal challenge to Colorado indoor-smoking ban filed by a group of more than 500 bars, clubs and others has been rejected by the 10th U.S. Circuit Court of Appeals, the  Associated Press reported Jan. 29.

The federal court ruled that the Colorado legislature acted rationally in banning smoking in most indoor spaces but carving out an exception for Denver International Airport's smoking lounges. The bars had claimed that the exemption was discriminatory.

Judge Mary Beck Briscoe ruled that states have "wide latitude" in determining the extent of indoor-smoking bans, and that in the case of the airport an exemption was justified because many travelers are from other states, stay at the airport for only a short time, and don't have the option of going outside to smoke.

The bar owners also objected to exemptions for casinos (now eliminated) and cigar bars.

"Regardless of whether you like the law or not, it's clear that the public policy debate ended when the governor signed the law into effect," said Jason Dunn, a former assistant attorney general who represented the state in the case. 

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