If you live in Colorado and go see a play at the theater, that scene-chewing, cigar-smoking actor better be using a prop!

The Colorado Supreme Court recently ruled to keep in place a state ban on smoking ⎯ that applies to theatrical endeavors ⎯ designed to protect the public’s health. Despite a challenge from a group of Denver theater companies, actors will not be allowed to smoke onstage even as a matter of free or creative expression.

The theater group argued against the constitutionality of the law, saying that onstage smoking should fall under First Amendment protection.

“Theater companies argued smoke that lingers on stage is crucial to set a mood, develop character, or establish a time period,” reported the Associated Press. Colorado Supreme Court Justice Gregory J. Hobbs was the lone dissenter in the 6-1 vote to uphold the ban. Wrote Hobbs: “The characters and plots would lack depth and expressive force without the hovering smoke on stage, the poignant exhale of a puff of smoke, and even the ability or inability to smoke.”

Do you think actors should be allowed to smoke real cigars or cigarettes onstage?