NEW HAVEN -- The Connecticut Supreme Court upheld the state's smoking ban in restaurants and bars by a 4-1 decision Monday.

The ruling by the state's highest court upholds a 2003 law that banned smoking in bars and restaurants, but not in private clubs or the state's two tribal casinos.

ADVERTISEMENT

SPONSORED LINKS

The law was challenged by a group of bar and restaurant owners who claimed the statewide ban on smoking in those establishments is unconstitutional and hurt their businesses. But efforts to repeal or revamp the law have fizzled.

The group claimed that the ban violated their equal protection rights because it excluded private clubs and casinos.

But the Supreme Court determined that the legislature had the right to make exemptions to the law.

"This decision to exempt private clubs from the smoking ban, while imposing the ban on new private clubs, is consistent with our conclusion that the legislature reasonably may have been endeavoring to protect the financial investment and settled expectations of members of private clubs," Justice Christine Vertefeuille wrote for the majority.

As for casinos, the court cited limits on the state's power to regulate smoking due to tribal sovereignty and other issues. Former Chief Justice William Sullivan dissented.

A call was placed to an attorney for the bar and restaurant owners seeking comment.