A county court judge's ruling that declared a statewide smoking ban unconstitutional was overturned Monday by a higher court.

The New Oasis Cabaret in Adams County, cited last year for violating the smoking ban, now has 30 days to appeal to the Colorado Supreme Court, a move that could ease confusion and strife surrounding the Colorado Clean Air Act.

"When you have an honest conflict of opinion at the local levels, at the local courts, regarding specific legislative issues like this law, I think it can be helpful for a higher court like the Supreme Court or Court of Appeals to provide some clarity to the local courts," said Mike Goodbee, assistant district attorney in Adams County. "Strictly from an efficiency standpoint, it might make sense to get a final determination from the Colorado Supreme Court, which would bind all state courts in Colorado."

"The question is resolved, at this point in time, for county courts in Broomfield and Adams counties."

Enacted in July 2006, the legislation banned smoking in most workplaces, except for casinos, airport smoking lounges and cigar or tobacco bars. Oasis, 1300 W. 62nd Ave., in unincorporated Adams County, was ticketed in December for violating the ban by allowing smoking inside the topless club and bar.

A county court judge dismissed the Oasis Cabaret's summons in April after Oasis argued that the law is unconstitutional because it unfairly exempts casinos and cigar bars, according to court documents.

Adams County Judge Robert Doyle ruled that the law is unconstitutional because, while it makes exceptions for "tobacco bars," it doesn't give taverns a way to establish that they meet that standard.

Doyle also said that the law violates the 14th Amendment guarantee of equal protection, because he said there is 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."

Melonakis also said that casinos were rightfully exempted from the ban "because many of the towns in which casinos are located are dependent on the revenues casinos generate . . . and because Colorado derives direct economic benefit from its licensed casinos," among another reasons.

Come New Year's Day, the smoking ban will extend to gambling parlors in Black Hawk, Central City and Cripple Creek. The legislature yanked their exemption last spring.

The smoking ban ran into obstacles when Orio's Roadhouse in Durango won the right to exemption by challenging the definition of "cigar bar" and asserting that because Orio's drew 5 percent of its total revenue - or more than $50,000 - from tobacco sales, it should qualify for the cigar-bar exemption.

craigk@RockyMountainNews.com or 303-954-5618