The Colorado Supreme Court has decided to uphold an earlier ruling banning smoking in onstage productions. Colorado has a statewide ban on cigarettes and actors hoped they would be exempt from the rule. Over the past 3 years, several theatre groups have argued the ban infringed on their free speech rights. The statute was upheld be an overwhelming majority, with only one judge voting against lifting the ban. Six judges voted to uphold the ban.
Chip Walton, artistic director of Denver's Curious Theatre Company, stated "Obviously, we're very disappointed and don't agree with the decision. It doesn't appear that the court recognizes the negative impact this smoking ban has on live theater."
To read the full article from the Denver Post, click here.
The case has received national exposure, as the outcome could affect similar cases across the country. Several groups across the country have expressed interest in the case for that exact reason, including the Thomas Jefferson Center for the Protection of Free Expression, the Dramatists Guild of America and the American Civil Liberties Union.
Artistic directors in Colorado have stated they have not yet decided whether or not to take the case to the United States Supreme Court after having battled the case since 2006. State representatives are not so convinced. Representative Mark Larson stated "Acting is acting. Why not having a fake cigarette? What...difference does it make? Come on." Larson stated that a brief amendment was considered adding an exception for theatre, but was removed.
