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

I would reverse the court of appeals' judgment and hold that the smoking ban contained in the Colorado Clean Indoor Air Act, as applied to theatrical performances when the seript of a play calls for smoking, is unconstitutional because theatrical smoking constitutes expressive conduct protected by the First Amendment. Under the applicable constitutional standard, the state must carry its burden of demonstrating that its prohibition of expressive conduct is narrowly tailored to meet a significant governmental interest. See Clark v. Cmty. for Creative Non-Violence, 468 U.S. 288, 298, 104 S.Ct.…