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• No Country for Smokers 

While the omnipresent electronic gaming and casinos in Montana don’t appear to be going anywhere, the iconic smokey barrooms of that state are now just a memory. On Oct. 1, Montana became the most recent state to prohibit smoking indoors of all public places. Bars across Montana have scrambled, several news outlets reported, to concoct new ways to provide alternative smoking areas, by putting chairs and heaters in adjacent garages, or even building makeshift “butt huts” outside.

The Wyoming state legislature, meanwhile, has declined to touch the issue, with few indications it might pick it up in the forseable future. Some have suggested the influence of tobacco lobbyists in Cheyenne is to blame. But others, including a state representative involved in the smoking issue in Teton County, say Wyoming legislators are politically hardwired to avoid what they perceive is over-governing, which would include passing a statewide smoking ban. Legislators have decided instead to let individual communities decide whether to implement local smoking bans.

So when the Teton District Board of Health took it upon itself in March to pass a county-wide rule that would prohibit smoking inside public places, with an exception or two, it followed a few other communities that have passed some kind of smoking ban. Cheyenne, Evanston and Green River have adopted smoking rules (yet bars are exempted in Green River), but no other county health board in the state has taken on smoking, according to county attorney Keith Gingery.

A lawsuit filed soon after the vote put the ban on hold, allowing people to keep lighting up in the Virginian, which happens to be the only bar in the valley that has not voluntarily prohibited smoking. The owners of the Virginian Saloon and three other organizations are challenging the ban. . . .

In her decision, Judge Guthrie will weigh whether the smoking ban meets equal protection laws, which state that a law must be evenly applied to everyone. Freudenthal argues the smoking rule should be struck down in part because it forbids employees from smoking in company-owned vehicles. . . .

The judge could rule on the case sometime in the first months of 2010, Gingery said.

Until then, smokers will continue to light up in the Virginian, where, according to some, cigarette smoke is as much a part of the atmosphere as the jukebox, the shake-a-shift and the baskets of free popcorn available at the bar. A smokey bar is an increasingly rare site in America, but it remains to be seen whether its time has come for Jackson Hole. One thing is clear: some form of public smoking ban found today in all but 14 states, including Wyoming, the spark of community bans across the state, and the dominance of voluntary smoke-free policies locally, has spelled out the shift against smoking in general.

“I think some people are already saying ‘Why didn’t we do it here sooner?’” Blue said.

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