State smoking ban under court review | AspenTimes.com

State smoking ban under court review

The Associated Press
Aspen, CO Colorado

DENVER ” A panel of federal appeals court judges is considering whether Colorado’s smoking ban is constitutional.

The three judges heard arguments Thursday morning from a lawyer representing the owners of bars and taverns, who say the law unfairly excluded some businesses like casinos.

The judges will likely take weeks to decide the case, and starting in January, smoking will also be banned in casinos.

That left the judges wondering whether the case is now moot.

Opponents of the law say the case is still valid because the state may eventually change its mind on casinos when it sees how much tax money is lost.