TOBACCO CONTROL LAWS

Curious Theatre Co. v. Colorado Department of Public Health and Environment

Three non-profit theater companies sought a declaratory judgment against the Colorado Department of Public Health and Environment and its executive director to declare the unconstitutionality of a state law that prohibits smoking in any indoor area, including theaters, unless an exception applies. The theater companies argued that the law violated the constitutional right to freedom of expression.  The Supreme Court found that the statutory ban against smoking in indoor areas was constitutional and did not violate the freedom of expression guaranteed by both the federal or state constitutions. 

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Curious Theatre Co., et. al. v. Colorado Department of Public Health and Environment, et. al, No. 08SC351, Colorado Supreme Court (2009).

  • United States
  • Dec 14, 2009
  • Colorado Supreme Court

Parties

Plaintiff

  • Curious Theatre Company
  • Paragon Theatre
  • Theatre12, Inc.

Defendant

  • Colorado Department of Public Health and Environment
  • James Martin, Executive Director

Legislation Cited

Colorado Clean Indoor Air Act, §§25-14-201 to -209, C.R.S. (2009)

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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