The Coalition for Equal Rights, Inc., a nonprofit association of 700 businesses, and Shari Warren, owner of Spirit Keeper, a tavern in Black Forest, contend, in a lawsuit filed last month, that the Act violates rights guaranteed by the U.S. and Colorado constitutions, such as the right to equal protection and substantive due process as well as the right to be free from the deprivation of rights, privileges, and immunities and from retroactive or special legislation. For example, the Act exempts 46 licensed casinos, which generate over $772 million in annual revenue, serve millions of customers, and employ more than 8,000 Colorado residents!
The Coalition and Ms. Warren argued, in seeking a temporary restraining order (TRO) pending a trial on the merits, that Colorado must show that its casino exemption was related to its purported health concerns. Not so, ruled the federal district court that denied the TRO. Colorado did not need a health-related purpose; "any conceivable government purpose" would do. Thus, Colorado's belief that banning smoking in casinos would cost the casinos, Colorado, and communities was enough. In short, Colorado is concerned about public health only if the smoking ban does not cost the state money; that it may drive Ms. Warren's tiny tavern out of business is of concern neither to the Constitution nor to Colorado officials.
As for the junk science that started it all, smoking ban advocates need prove, not that the EPA report is accurate, but only that they believe it is accurate. Therefore, in 1993, those who sought to challenge the report's veracity could not because they had not been affected; today, those affected by the report may not challenge it because its truth is irrelevant!