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13th Statewide Smoking Ban in U.S. Goes Into Effect in Colorado



Phil Roth, owner of the 8th Avenue Tavern in Durango, enjoys a cigar before Colorado's smoking ban took effect. (Photo: Yodit Gidey, AP)When you think of July 4th in the United States, the number 13 might come to mind.

The 13 original colonies and the War for Independence?

Thirteen stars in a circle on the legendary first U.S. flag Betsy Ross sewed?

Liberty?

Freedom?

Well, this year you can also think of the 13 state-wide bans against smoking in public places, including restaurants, bars, clubs and some casinos, in the “land of the free and the home of the brave.” Colorado’s legislation, which went into effect just four days before Independence Day, brings us to that not-so-magical number.

The bad news continues below the fold…

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Reverse the number to 31 and you have the number of U.S. states that have prohibited smoking in the workplace. Laws in many of those states extend workplace to mean “private, one-person office” or even your private home if your office is located there.

The Washingon state law even makes smoking outdoors illegal everywhere in the state within twenty-five of any windows, doors or ventilation ducts of a public building. With a strict interpretation of the law, it would be possible for someone smoking in their car on a public road to be ticketed because they were passing within 25 feet of a building.

Heck, California takes it even farther and prohibits smoking outdoors on the beach now.

Surf’s up, dudes.

More information from Melissa Trujillo and Catherine Tsai of Associated Press on the Colorado situation:

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 affect 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.’’

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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.

Posted on Sunday, July 2nd, 2006 at 12:11 am.

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