A Court of Queen's Bench judge has dismissed a challenge of Calgary's new smoking bylaw by bars and restaurants with video lottery terminals.

In a written decision released Tuesday, Justice Alan Macleod ruled that businesses with VLTS are not entitled to the same one-year exemption from the bylaw as bingo halls and casinos.

The Bull and Finch hung a no smoking sign hung on its door after the city announced a crackdown on scofflaws last month. The Bull and Finch hung a no smoking sign hung on its door after the city announced a crackdown on scofflaws last month.
(CBC News)

"Everyone in Calgary over the age of 18 knows the difference between a restaurant/bar and a casino," he wrote.

Filo's Restaurant, which filed the case on behalf of about 35 businesses, had argued the bylaw was discriminatory and would give bingos and casinos an unfair advantage.

City lawyer Brand Inlow said the judge's decision was fair.

"Our view was that [city] council did have the authority under the act to make the kinds of distinctions that they did," he said.

The lawyer for the bars and restaurants, Tim Bardsley, called the decision disappointing. He said he'll talk with his clients before a decision is made on whether to appeal.

The bylaw kicked in on Jan. 1. However, the city has given one-year exemptions to businesses with separate ventilated smoking rooms, as well as to casinos and bingo halls.