14 December 2009

Curious Theater Loses Smoking Ban Case

The Colorado Supreme Court upheld that validity of a Colorado law that bans smoking even in the course of theatrical performances brought on First Amendment grounds in a 6-1 ruling. The Denver's Curious Theater company brought the challenge.

I personally believe that this part of the anti-smoking law was ill advised. This is certainly offensive to First Amendment values.


Anonymous said...

More offensive to First Amendment values is the fact that theater performances are not exempt from the state laws against homicide. If smoking is expressive activity, then killing someone is doubly so!

Andrew Oh-Willeke said...

A petition for certiorari to the U.S. Supreme Court has been filed in this case.