There was a flaw in the law and now Louisville can light up again.
A judge in Louisville struck down a citywide smoking ban Dec. 21, saying allowing Churchill Downs to opt out rendered the whole law unconstitutional.
The ruling means the city cannot cite smokers, restaurants or bars for allowing patrons to smoke inside.
Jefferson Circuit Judge Steven Ryan's ruling states that the law would be upheld had there not been an exemption for the horse racing track.
Louisville is among several Kentucky cities to ban smoking in a state that has led the nation in the production of burley tobacco, an ingredient in cigarettes.