Denver’s Curious Theatre has never argued for the right to smoke tobacco in places where it is not allowed, such as inside restaurants and even in theaters. But the company, joined by co-plaintiffs Paragon Theatre and the now-defunct Theatre 13, are challenging the law. After all, sometimes a play requires a character to light up (and when they do, they’re apt to smoke noncarcinogenic herbs that also fall under the ban).
Earlier this month, the Colorado Supreme Court ruled 6-1 against allowing a smoking exemption for the theaters, saying the promotion of public health supersedes the right to free speech (via the Associated Press).
Now Curious plans to petition the highest court in the land, the U.S. Supreme Court, for the right to allow actors to smoke non-tobacco products as part of performances, artistic director Chip Walton tells The Denver Post.
There’s no guarantee the court will take up the matter, but Walton notes that of the 24 states with indoor smoking bans, half allow exemptions for theatrical performances, an indication that perhaps justices ought to clarify.
Posted 12/31/2009 at 12:00 pm by Michael de Yoanna
Entertainment & Nightlife, Panorama, Rights, The Arts :: Permalink :: Comments (1)

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Smokers please pass this along lets make them eat what they try to justify! Ok Smokers let’s give up. Yes we fully agree that second hand smoke has affected millions in the US with all forms of smoking related illnesses brought about by employment where smoking was allowed. So since this was a occupational hazard induced by employment then all these people should receive workers compensation for it! Yeper , free medical screenings for life. Free medical care for life, compensation for any loss of occupational wages, compensation for pain and suffering, free burial expenses, full coverage till the day they die! How many people have ever received a dime of workers compensation for second hand smoke exposure? Well my goodness the health care professionals would have to change their tune along with the legislators as if they really believe what they say there could be no argument as to not justifying payment to these workers! Well we all know what would happen don’t we? Yes anti smokers would lose their jobs in a flash to never be heard from again! Yes do it, the NEWEST MONEY TRAIN TO TAKE FROM compliments of the anti smokers that will now loose everything as legislators will be saying what in the H did we do in opening pandors box!