BLACKHAWK, Colo. -- Stephanie Steinberg, of Colorado’s Smoke Free Gaming, is fired up over recently approved proposals in the cities of Blackhawk and Central City.

Steinberg said the cities have signed off on casinos' plans to construct outdoor smoking areas. She said they are essentially indoor smoking areas attached to the buildings.

"What we’re finding is the casinos are trying to undermine state law," said Steinberg. "It’s an area already there and they are just making it smoking."

Casinos admit they are having to find other solutions around the smoking exemption that expires Jan. 1, 2008. Restaurants and bars in Colorado are already smoke-free but casinos managed to file an extension.

Heather Leigh, of Ameristar, said it's estimated that anywhere from 30 to 50 percent of gamers smoke and there is a good chance the casinos could lose money.

It's why Ameristar has decided to convert a courtyard, now used for Starbucks guests, as a smoking area.

Ameristar said the area is merely an awning that will house space heaters. They said it will have side panels, at times, to block the wind but it is an outdoor space not an indoor space.

They went on to say nonsmoking patrons and employees won’t be exposed to secondhand smoke, which seems to be the crux of Steinberg’s argument.

"On our patios no one will be out here serving any liquor or any other beverage. We simply won’t have it," said Leigh.

The majority of Ameristar gamers seem to think the law is ridiculous altogether. Regardless of an outdoor area, one woman told us she will not return to Colorado's casinos once the law goes into effect.

"I mean what if you’re winning and all of a sudden you want a cigarette, you have to cash out and leave it. I don’t think it’s fair," said Reimer.

It’s that mindset that has casinos scrambling for other options but they’re doing so under the watchful eye of Steinberg and her group.

Steinberg said if these proposals come to fruition, Smoke Free Gaming of Colorado will seek legal recourse to bring them down.

State law bans smoking in most indoor areas, defined as an enclosed area or portion thereof. Under state law, removing a temporary wall isn’t enough to make it an indoor area or outdoor area.

The City Council has proposed defining the definition of an outdoor area that would read an area having 40 percent or more of its structure permanently unobstructed to the outdoors.

That definition will be up for review Dec. 4 in its third reading.