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December 30, 2009
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Theater taking smoking ban case to Supreme Court

DENVER (AP) - The theater company that challenged Colorado's smoking ban plans to take its case to the U.S. Supreme Court.

The Colorado Supreme Court ruled this month that the state's indoor smoking ban prevents actors from lighting up on stage. It's believed to be the first state court ruling upholding the extension of a smoking ban to theatrical performances.

The artistic director of Denver's Curious Theatre Co., Chip Walton, said Wednesday that the company would ask the nation's highest court to review the decision. Lawyers plan to file a petition in March.

The court said that performers usually convey their message "by imitation" and that there are alternatives to smoking on stage.

Walton says the ban prevents plays from being performed they way they were written, violating free speech rights.

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The Post Independent Updated Dec 30, 2009 05:38PM Published Dec 30, 2009 05:38PM Copyright 2009 The Post Independent. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.