ADAMS COUNTY, Colo. -- There was another setback this week for bar owners trying to snuff out the statewide smoking ban.

The New Oasis Cabaret and Nightclub in Adams County initially won a case in county court, by arguing that the ban unfairly exempted cigar bars.

But District Court Judge Chris Melonakis has reversed that ruling. Melonakis said cigar bars have a legitimate exemption because they rely on tobacco sales. His ruling reads:

"Permitting smoking in establishments that rely upon tobacco sales as a substantial or nearly exclusive basis of income while precluding smoking in other establishments that derive income from other activities in which the general public participates is not an irrational classification. The public interest in protecting the health of non-smoking patrons from harm in the latter establishments is a legitimate exercise of the state's police powers."

The latest ruling has sparked both praise and criticism.

"I think bars should have the option to allow smoking if that's their choice. The state does not have the right to tell somebody how to run their business," said Michael Hogan, who opposes the ban.

The Adams County District Attorney's Office had a much different reaction.

"We are pleased with, and we agree with the district court judge's decision that this case was inappropriate," said spokesman Michael Goodbee.

The ruling went on to state: "This court ... finds that the defendant (Ronald Granieri, Oasis) failed to demonstrate that the enactment's classification lacked a rational basis under any conceivable set of circumstances beyond a reasonable doubt.

"While the defendant asserted in the trial court that the act violated equal protection because cigar bars were exempted from the act's penal provisions, Judge Babcock's reasoning is equally applicable to the cigar bar exemption. The legislature had a conceivable legitimate basis to distinguish between other public buildings and cigar bars because the latter are regulated establishments that have substantial sales of lawful tobacco products as an integral part or primary focus of their business."

The owner of Oasis may appeal to the Colorado Supreme Court. Attorney Michael T. Martin represents Oasis. He said the Supreme Court would have many issues to consider including the fundamental liberties of his client.