Suddenly, the state’s ban on smoking has lit up again.
Adams County Judge Robert S. Doyle last week ruled that the smoking ban, which went into effect July 1, is unconstitutional because of an exemption for cigar bars. A cigar bar is one that derives a percentage of its business from selling tobacco products.
Doyle said the ban violates the due-process rights of bar owners because it does not allow them the chance to establish their businesses as cigar bars.
His ruling came in the case of the Oasis Cabaret in Adams County, which was cited in December for allowing smoking and fought the ticket.
A bartender at the Oasis said Thursday that customers are now free to smoke inside. Michael Martin, attorney for the Oasis, said he wouldn’t discuss his advice to the bar.
“All I know is that an Adams County judge ruled that the law is unconstitutional in Adams County,” Martin said. “That ruling may not be binding for other counties.”
A telephone survey of bars in Denver found they were still honoring the ban on smoking.
Adams County District Attorney Don Quick said the ruling will be appealed automatically.
“We’re required by law to appeal any time a state judge finds a state law unconstitutional,” Quick said. “We have 30 days to appeal it to the district court and should receive a decision in a couple of months.”
He said either side has the right to appeal the case to the Colorado Court of Appeals or the Colorado Supreme Court.
In the meantime, legislators continue to fine-tune the law. As written, the law prohibits smoking except in a smoking lounge at DIA, in qualified cigar bars and in casinos.
Senate Majority Leader Ken Gordon, D-Denver, and Rep. Anne McGihon, D-Denver, submitted a bill to remove the casino exemption. Sen. Bob Hagedorn, D-Aurora, attached an amendment pushing its effective date to 2008. The amended bill is now back in the House.
Sen. Betty Boyd, D-Lakewood, submitted a bill last week removing the cigar-bar exemption. Her bill is in committee, to be debated Wednesday, she said.
This is the third time the law has been taken to court.
A federal judge ruled the state legislature has the right to decide where smoking is forbidden and where it is allowed. A La Plata County district judge ruled the ban was vague about the definition of an exempt cigar bar.
The Associated Press contributed to this report.
