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Group Files Suit To Snuff Out July's Statewide Smoking Ban

POSTED: 3:25 pm MDT June 15, 2006
UPDATED: 7:36 pm MDT June 15, 2006

Colorado's statewide smoking ban is scheduled to start in just two weeks, but on Thursday, a group filed a lawsuit to stop the ban before it starts.

The lawsuit was filed in Denver District Court by the Coalition for Equal Rights and the Spirit Keeper Tavern. The ban includes bars, restaurants and most businesses.

The attorneys for the Coalition for Equal Rights said the smoking ban is unconstitutional because it violates their equal-protection rights. The ban does not include casinos, cigar bars and a smoking lounge at Denver International Airport.

The group is hoping for a hearing before a judge to get a junction before the ban goes into effect July 1.

The group said that ultimately their customers should have the right to choose.

"If I put up a sign that says, 'This is a smoking environment', and you don't like it, don't come in," said James Von Felt of Coalition for Equal Rights. "I mean let the business owner decide what's good for his business, not the government."

The Coalition for Equal Rights represents 500 game and food ventors.

"We want people to have the option to go to a restaurant or a bar or any workplace and be in a smoke-free environment," said Cindy Liverance of the American Lung Association.

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