Tobacco.org

• Curious Theater Company v. Colorado Department of Public Health and Environment 

Here, we need not decide whether the legislature reached the best solution in enacting the Smoking Ban. That is not the court’s role. We need only conclude that it was reasonable for the legislature to have determined that preventing involuntary exposure to tobacco smoke is achieved most effectively by banning all smoking in indoor locations, including theaters.

We therefore conclude that, although the Smoking Ban is not the least restrictive means, it is narrowly tailored to achieve a legitimate state interest.

For these reasons, we conclude that the Smoking Ban, as applied to the Theaters, does not violate their First Amendment right to freedom of expression.

Jump to full article »