publicity in TV for Wine and Smoking. It is a big step towards society protection.
We appreciate highly Colorado intention to ban smoking as well as France policy towards alcohol and smoking.
Associated France Press (AP) 21/10/2006
Judge upholds smoking ban in Colorado
DENVER - A federal judge on Friday upheld Colorado's statewide smoking ban, rejecting arguments that it violates the constitutional rights of bar owners.
The bar owners had sued to overturn the ban, arguing it unfairly applied to them while exempting casinos and airport smoking lounges.
U.S. District Judge Lewis T. Babcock ruled they had not shown the exemptions were irrational or unfair. He rejected the plaintiffs' arguments that the ban unfairly made bar owners criminally liable for their patrons' actions, that its penalties were vague and that it infringed on their property rights.
The smoking ban, approved by the Legislature and governor last spring, took effect July 1. It exempts casinos, cigar bars, airport smoking lounges and private workplaces with three employees or less.
The suit was filed in June by the Coalition for Equal Rights Inc. and Shari Warren, a tavern owner in Black Forest.
Deputy Attorney General Jason Dunn said the ruling upholds lawmakers' authority to pass constitutional legislation, despite opposition from some groups.
Joseph Becker of the Mountain States Legal Foundation, who represented the plaintiffs, rejected that argument, saying, "If there's a role for the judiciary, it's to be a check on the tyranny of the majority."
"No matter how big a majority you have, you can't take away an individual's rights," he said, calling the ban "a very blatant case of treating similarly situated entities differently." He said no decision had been made on an appeal.