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Colorado Smoking Ban Now In Effect

State Is 13th In Nation To Prohibit Smoking In Bars, Restaurants, Workplaces

POSTED: 5:51 am MDT July 2, 2006

Zane Kessler straddled the blue chalk line outside the Rio Grande Mexican Restaurant Saturday, happily puffing his cigarette the required 15 feet away from the business' main entrance.

Kessler said he didn't mind Colorado's new smoking ban, which took effect at midnight Friday and now forces thousands of smokers like him into the fresh air to get their tobacco fix.

The 25-year-old bartender said he was glad his nights of coming home from work with bloodshot eyes and reeking clothes were over.

"You can come home, you don't smell. It's such a benefit health wise," he said. "It's a definite benefit for everyone."

But other smokers continued to complain loudly about what they believe is an infringement of their and business' owners rights.

"It's un-American to (ban smoking) at a bar," said 21-year-old Chris Clark as he enjoyed one of his final puffs of nicotine inside the Cherry Cricket in Denver. "A high-class restaurant? OK. But at a local pub? Come on."

Colorado became the 13th state in the nation Saturday to ban smoking in bars, restaurants and most workplaces. Some cities, such as Pueblo, Boulder and Fort Collins, already had local bans in place.

A coalition of about 500 owners of bars, bowling alleys, liquor stores and other businesses has vowed to stop the ban. They sued the state last month, alleging the law violates their constitutional rights because it doesn't apply to other businesses, such as casinos and cigar bars. They also say the ban would ultimately drive away smoking patrons and hurt their businesses.

A judge denied their request for a temporary restraining order late last month, though the lawsuit can proceed.

Despite the controversy, some bars tried to have a sense of humor Friday as the ban neared. At the Cherry Cricket, people sang at "smoky" karaoke. Staff passed out cigars to commemorate the moment, then switched to candy and mints after midnight. Other bars counted down the final seconds of smoking aloud or gave away commemorative ashtrays.

Billy's Inn owner James VonFeldt, who opposes the ban, said his bar remained the same early Saturday -- at least for two more hours.

"Instead of trying to enforce it between midnight and 2 a.m., we just ignored it," he said. "After we closed the bar, we pulled all the ashtrays and they won't go out no more."

VonFeldt said he expected his business to decline. A group of four golfers who regularly spend more than $50 several nights a week at Billy's Inn already told him they would not return, he said.

"If they can't come in here and drink their beer and smoke after the golf game and talk about their golf game, they're going to one of their houses and do it on their patios," he said.

Will Pelz, the 66-year-old owner of Will's Piano and Sports Pub in Colorado Springs, is a member of the coalition suing the state, but he's taking the opportunity to add piano music at night in an attempt to keep customers in the bar.

"It'll be hard on us for a while, but that's why I'm doing something different," he said.

With the smoking ban starting, the Colorado Quitline has been inundated with calls. For the last few months they've been averaging 100 calls a day. This week, they're averaging 250 calls a day. They've also hired 15 part-time counselors to help support people trying to quit smoking.

The state Health Department has distributed more than 28,000 nicotine-patch kits since December. They're free, paid for with a $6 million stop-smoking budget that comes from a $25 million allocation for all anti-smoking programs in the state. Colorado is one of the first states to offer such a patch.

Drug companies say they often see big increases in sales of nicotine patches and gum now that the ban is in effect. And even hypnotists are predicting they'll see more business.


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