A group of bingo halls in Louisville, alongside the Kentucky Charitable Gaming Association, have filed a lawsuit against the state claiming that the new smoking ban is unconstitutional and therefore illegal.

The suit filed in the Jefferson County Circuit Court argues that the smoking exemption violates equal protection and due process clauses of the U.S. Constitution, and that the ban deprives owners of their property without compensation.

Louisville’s smoking ban is due to take effect in July next year, and prohibits smoking in every building in Jefferson County except for homes, Churchill Downs’ facilities and a tobacco manufacturing plant.

The bingo halls are saying that the ordinance will cause considerable problems because state law requires charitable groups using the halls to maintain a 40 per cent profit margin. If attendance falls as little as 10 percent, some groups might lose enough revenue to endanger their gambling licenses.