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State high court to review stage smoking ban  

Jump to full article: Denver (CO) Post, 2008-12-12
Author: John Moore Denver Post Theater Critic

Intro:

The Colorado Supreme Court has agreed to review the constitutionality of the statewide smoking ban as it is applied to live theater performances. This is the first victory in a 2-year legal battle between three local theater companies and the Colorado Department of Health.

Curious Theatre, Paragon Theatre and Boulder's Theatre 13 argue that smoking onstage is expressive behavior protected by the First Amendment. A Denver District judge rejected that argument in October 2006, and a three-member appellate court followed suit last March.

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