For those of you following this, a set-back for that onstage smoking case in Denver, as a judge refused to allow an exemption for theatre performances in the city's comprehensive public ban.
[Judge] Martinez ruled the act of smoking, even in performance, "is not inherently an expressive behavior," and therefore does not qualify for free-speech protections under the U.S. constitution.
Well I think we all know a few actors who would disagree. But I digress...
I couldn't resist chuckling over this bit of courtroom "drama":
Things grew equally dramatic when the plaintiffs chose to demonstrate for the judge the inadequacy of fake cigarette alternatives. But this strategy backfired when Theatre 13's Judson Webb puffed into a simulated plastic cigarette, shooting a brief blue burst of talcum into the air. Webb said such devices lack believability, in part because the devices cannot depict a continual burn, and create a "massive distraction" for audiences.
Yet in his ruling, Martinez said Webb's simulated act looked real enough for him.
Indeed, need not all modern commercial theatre simply "look real enough" to satisfy...