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Wednesday, December 3, 2008 5:36 PM PST USA

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DUPONT STEPPIN' OUT AFTER 135 YEARS Print E-mail

U.S. Court upholds Colorado smoking ban:
A three-judge panel of the U.S. 10th Circuit Court of Appeals upheld the Colorado smoking ban laws, curiously ignoring cigar bars in their decision.

The so-called “Clean Indoor Air Act” had been upheld at the District Court level against a challenge from the Coalition for Equal Rights, an association of owners and operators of bars, billiard parlors, bingo halls, bowling alleys, military service clubs and trade associations which argued that the exemptions for lounges at Denver International Airport and for cigar bars violated the equal protection clause of the 14th Amendment of the U.S. Constitution.

“The District Court concluded, and we agree, that the State of Colorado has offered a rational basis for its distinction between airport smoking concessions and the establishments owned, operated and/or serviced by plaintiffs,” wrote Judge Mary Beck Briscoe.

The attorney for the Coalition for Equal Rights, Joel Spector, told the Denver Post that “I believe that restaurants and bars are private property, and private property owners should be able to decide how to use their own property. The ruling is scary for people who value to choose what they do inside their own property.” He said he would survey the more than 500 members of the Coalition to see if they wished to ask for a re-hearing, or make a final appeal to the U.S. Supreme Court.

Spector was also unhappy that the Circuit Court did not take up the issue of cigar bars in the decision. “The Legislature’s goal was to protect the health of the non-smoking public. They exist in cigar bars, and in standalone bars and restaurants,” he said after the decision was announced. Huh? What person is his right mind can say that the “non-smoking public” is present in cigar bars, where – unlike conventional bars and restaurants – smoking is the entire reason for going there!?!

Although the goal of the suit was to bring down the smoking ban in Colorado, even if it had been successful, the victory would likely have been short-lived. The state legislature would undoubtedly re-pass the legislation, and this time eliminated the exemptions, killing cigar bars in the process.

And the winner is:
We got so carried away with the news of the week, we forgot to announce our winner! Congratulations to Bruce Fletcher of Eureka, California, winner of our “Register & Win” drawing for a free box of Punch Café Royales from our Perelman, Pioneer & Company humidors, courtesy of Mike’s Cigars.

Up for your pleasure this week is a prized box of 25 La Gloria Cubana Wavells, made by hand under the direction of Ernesto Perez-Carrillo in the Dominican Republic. They’re medium in body with plenty of flavor and offered in the classic robusto size of five inches by 50 ring gauge, provided courtesy of our friends at General Cigar.. The box will be awarded in our drawing to be held on Sunday, February 3.

To enter, just click on the “Register & Win” tab at the top right corner of the home page and fill out the required information. If you have entered in the past, there is no need to re-enter; all past entries are carried forward to future drawings. You must be 21 or older to win; good luck!
~ Rich Perelman
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Avo Uvezian, creator of the Avo line, helped write the 1960s smash "Strangers in the Night".