It seems that Churchill Downs’ much publicized exemption to Louisville’s smoking ban is a goner.

The council exempted facilities leased, owned or operated by the Kentucky Horse Racing Authority. A group of business owners, the Metro Louisville Hospitality Coalition, filed a lawsuit challenging Churchill Downs’ exemption and asking that the ban be overturned as arbitrary and vague.

…

Mike Hatzell, the attorney for the businesses that sued, said the ruling validates their claim that the exemption — and possibly the entire ban — is unconstitutional. Hatzell hopes Louisville’s metro council will reconsider the ban and, if it allows smoking at Churchill Downs, it will also allow smoking at some restaurants and bars.

Insert your own tortured scream of “What about the children! Won’t someone please think about the CHILDREN!” here.