A ruling that deemed a statewide smoking ban unconstitutional was overturned in district court Monday.

The Oasis Cabaret in Adams County was ticketed in December for violating the ban by allowing patrons to smoke inside the topless club and bar.

The Colorado Clean Indoor Air Act, enacted in July 2006, banned smoking in most workplaces, except for casinos, airport smoking lounges and cigar or tobacco bars.

The legislature yanked the exemption for casinos at the session that concluded in May. Come New Year's Day, the smoking ban will extend to gambling parlors in Black Hawk, Central City and Cripple Creek.

County court dismissed the Oasis Cabaret summons in April after Oasis argued the law is unconstitutional because it unfairly exempts casinos and cigar bars, according to court documents.

Adams County Judge Robert S. Doyle ruled that the law was unconstitutional because, while it made exceptions for "tobacco bars," it didn't give taverns a way to establish that they met that standard, the Rocky Mountain News reported last month.

Doyle also said it violated the 14th Amendment guarantee of equal protection, because there was no rational reason to allow smoking in casinos but not in bars.

District Court Judge Chris Melonakis disagreed.

"Permitting smoking in establishments that rely upon tobacco sales as a ... basis of income while precluding smoking in other establishments that derive income from other activities...is not an irrational classification," he wrote in Monday's ruling.

"The public interest in protecting the health of non-smoking patrons from harm in the latter establishments is a legitimate exercise of the state's police powers."

Casinos were exempt from the smoking ban, in part, because of economic considerations, according to Monday's ruling. Oasis argues that bars will face the same "financial hardships" as a result of the smoking ban as casinos would.

Melonakis countered that casinos are rightfully exempted from the ban for several reasons, including "because many of the towns in which casinos are located are dependent on the revenues casinos generate, because casinos face severe competition from Indian Reservation gaming and because Colorado derives direct economic benefit from its licensed casinos."

The court acknowledged that the smoking ban will cost some bars revenue.

craigk@RockyMountainNews.com or 303-954-5618