CWNews

Cripple Creek Colo Council Cans Ban Enforcement

Cripple Creek won't force casinos to snuff smoking

SECTION: STATE AND REGIONAL
DATELINE: CRIPPLE CREEK Colo. June 17, 2008 Tuesday 2:50 PM GMT

Cripple Creek officials say they won't enforce the statewide smoking ban at casinos that claim they are exempt.

The City Council said Monday the Legislature intended to ban smoking in casinos, but said the law was poorly written and left the door open for casinos to claim they are cigar bars, which aren't covered.

Three of the town's 17 casinos have claimed the exemption.

Democratic state Sen. Ken Gordon of Denver, who co-sponsored the smoking ban, says the law is clear and says Cripple Creek should have the courage to enforce it.

City officials say they don't have time to patrol the casinos or audit their books to see if they sell enough tobacco to qualify as cigar bars.

At least one Black Hawk casino is also claiming an exemption as a cigar bar.

Information from: The Gazette, http://www.gazette.com
 
The Associated Press State & Local Wire  



  Channel 7 in Denver reported this also in its news broadcast.

Anne: SINCE JANUARY 1 OF THIS YEAR, SMOKING HAS BEEN ILLEGAL IN COLORADO'S CASINOS.
>> Mike: BUT SEVERAL ARE STILL ALLOWING SMOKERS TO LIGHT UP, AND ONE TOWN SAYS IT WON'T DO ANYTHING ABOUT IT. JOINING US FROM BRONCO BILLY'S CASINO IN CRIPPLE CREEK. THAT CASINO ALLOWS SMOKING DESPITE THE BAN.
>> Reporter: THAT'S RIGHT. FOR THE FIRST FIVE MONTHS SHE DIDN'T ALLOW SMOKING BUT TWO WEEKS AGO THEY ALLOWED PEOPLE TO LIGHT UP AGAIN. THEY HAVE SOLD ENOUGH TOBACCO IN THE LAST THREE YEARS TO QUALIFY AS A CIGAR BAR THAT ARE EXEMPT FROM THE SMOKING BAN. BUT WHEN THE CITY STEPPED IN AND SAID WE'LL ALLOW THIS SMOKINGTHAT'S WHEN IT UPPED THE ANTE. WHEN SMOKERS STARTED CASHING OUTED A CRIPPLE CREEK.

>> Reporter: THE REVENUE IS DOWN 1%. >> Reporter: THEY TOOK A GAMBLE ON A LOOPHOLE.

>> I BELIEVE WE ARE LIVING BY THE LETTER OF THE LAW. >> Reporter: CALLING THEMSELVES A CIGAR BAR.
>> WE PROVIDE A SERVICE TO SMOKING AND NONSMOKING GUESTS. >> Reporter: TWO OTHER CASINOS SOON FOLLOWED SUIT. WHEN THE CITY SENT OUT THIS LETTER SAYING THEY DON'T HAVE THE MANPOWER TO POLICE SMOKING IN THE CASINOS, SOME SAY THEY WENT TOO FAR.
>> IT IS THERE IS NO LOOPHOLE. YOU ARE EITHER A CASINO OR CIGAR BAR. THEY DON'T WANT TO ENFORCE THE LAW. IT APPEARS GAMING IS CONTROLLING CITY HALL.
>> Reporter: THESE CASINOS WERE INDIVIDUALS THEY AREN'T BREAKING THE LAW. >> WE ONLY HAVE TWO COPS ON DUTY AT A TIME. I DON'T WANT THEM WASTING THEIR TIME GIVING TICKETS TO SMOKERS. THE LEAST PETTY OFFENSE ON THE BOOKS.
>> Reporter: SO PEOPLE KEEP LIGHTING UP. THE OTHER 11 CASINOS ARE NOT ALLOWED. THEY HAVE BUILT SPECIAL SMOKING LOS ANGELESTION(sic ed.) TO COMPLY WITH THE LAW. THEY SAY THRESHED BE A LEVEL PLAYING FIELD.
 
ADVOCATES SAY THEY WILL BE PUTTING FORTH A BILL TO ADJUST THE LOOPHOLE BUT IT WON'T BE FOR SIX MONTHS UNTIL THE LEGISLATIVE SESSION BEGINS AGAIN. THEY MAY BE OPENING THEMSELVES UP FOR A LAWSUIT.
>> Mike: THANKS. THE CITY'S LETTER SAYS OTHER STATE AGENCIES SUCH AS THE GAMING COMMISSION COULD USE ITS MANPOWER TO ENFORCE THE LAW. UNTIL THE LEGISLATURE CLARIFIES THE LAW,  CRIPPLE CREEK POLICE AREN'T TAKING ACTION