Smoking ban to stay ignored

The Cripple Creek City Council's official position on smoking in casinos?

The Legislature left the door open and it's not the city's responsibility to close it.

That's the gist of a letter the city sent Monday to the 17 casinos in Cripple Creek, three of which are allowing smoking under the cigar bar exemption to the state's smoking ban. The letter, discussed Friday in a closed meeting, was intended to clarify the city's policy allowing casinos to self-certify that they meet the requirements for the exemption.

"The City believes that the spirit and intent of the 2007 amendment to the (Colorado Clean Indoor Air Act) ... was to prohibit smoking in casinos," the letter states. "However, through ambiguous draftsmanship, the General Assembly has left the door open for interpretation of the Cigar-Tobacco Bar exception to at least arguably apply to those casinos that meet the requirements."

What's ambiguous about it, asked Sen. Ken Gordon, who co-sponsored the smoking ban.

"It was clear that it had to be a bar, not a casino," Gordon said. "They don't make the first cut in qualifying. I wish the city attorney's office showed more courage in enforcing the law."

It's not courage, it's resources, said Cripple Creek City Administrator Bill McPherson. He said the police don't have the manpower to patrol the casinos and he doesn't have an auditor to go through their books.

"If they think that they don't meet the law, then somebody should enforce it here," McPherson said. "The gaming commission has enforcement officers, they are empowered to enforce any law in the state, so go enforce it."

That's not our job, said Don Burmania, spokesman for the Colorado Division of Gaming. The smoking ban charges city and county officials with enforcing the law, he said.

Gordon called on the District Attorney's Affice to start its own investigation. Fourth Judicial District Attorney's Office spokeswoman Lin Billings said the city's letter was a new development that the office would review.

For the moment, having the city's position in writing hasn't changed the status quo in Cripple Creek. Bronco Billy's, the Midnight Rose and the Double Eagle are allowing smoking in some areas. The rest of the casinos are not.

"It's great to have that behind us and we'll just have to wait to see what happens next," said Marc Murphy, general manager at Bronco Billy's, who said his business has been up slightly since reintroducing smoking two weeks ago.

Eric Rose, general manager at the Colorado Grande Casino, said he's disgusted by the whole process.

"It's a joke," he said. "I truly believe that it's against the law to allow smoking."

The city's letter also includes a final note, referring to a proposed ballot initiative that would raise the betting limits for poker and blackjack and expand casino hours. The smoking controversy is not helping the initiative's chances, the city says.

"The conflict generated by this issue even among casino operators is not conducive to the success of that initiative," the letter says. "Accordingly, we would encourage the casinos to resolve this matter among themselves in a responsible and cooperative manner, without intervention by government."

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