A relieved House minority leader Tuesday put to rest the prospect of reopening debate on a controversial statewide smoking ban, saying a legal review indicates it will not infringe on American Indian religious ceremonies.
House Republican Leader Mike May of Parker, the ban’s chief sponsor, said a legal review determined additional legislation would be unnecessary because federal law already protects those rights.
May said he was glad he would not have to propose additional legislation to clarify that the ban, which was signed into law last month, was not intended to prevent smoking in off-reservation religious ceremonies such as sweat lodges.
“I’m pleased that our existing laws protect the rights of Native Americans and all other Americans’ rights to religious freedom,” he said.
Republican Rep. Mark Cloer of Colorado Springs, who raised the concern with May, said he was “dismayed” that clarification may have to wait until a lawsuit is filed.
“Rather than be proactive, we put our heads in the sand until it’s ruled unconstitutional,” said Cloer, an American Indian.
But, May said, for a lawsuit to be filed, “we’d have to have a raid on a sweat lodge and that ain’t happening.
“I can’t imagine law enforcement doing that when there’s a federal law against that,” May said. “That’s like the local police department raiding the Episcopal Church on Sunday for kids taking wine at Communion.”
New legislation to clarify the rights of American Indians could have reignited the bitter debate over which establishments were covered by the ban and which were exempted.
Chuck Ford, a lobbyist for the bars and taverns, said earlier in the week that he thought another bill to clarify the smoking ban’s religious question could offer opponents an opportunity to battle for exemptions to the ban or help his planned court fight of the law.
But Tuesday, Ford said because the state’s Indian tribes have shown little concern about the ban, “we’re at a dead end.”
“I think (May’s) probably correct and I don’t see anyway that the issue will benefit us anymore,” he said.
Ford has said he is spearheading an effort to file a legal challenge to the smoking ban because it exempts casino floors and not other industries that rely on smoking customers. He claims that is a violation of the equal-protection clause of the U.S. Constitution’s 14th Amendment.
The law, which is scheduled to go into effect July 1, would ban smoking in most indoor public places except on casino floors and at cigar bars, smoke shops, small businesses, family farms and Denver International Airport’s smoking lounge.
Staff writer Chris Frates can be reached at 303-820-1633 or cfrates@denverpost.com.
