HELENA (AP) — The Montana Supreme Court has overturned a lower court ruling that had allowed Great Falls casino owners to circumvent the Clean Indoor Air Act by building a separate shack with permanent vents for its smoking customers.

Tuesday’s ruling came in the Cascade City-County Board of Health’s appeal of District Judge Greg Pinski’s decision. In November 2013, Pinski found the wording of several laws, coupled with the health board’s acknowledgement that the shelters were “partially open to the outside air,” negated the board’s argument that the shelters were “places of work” where smoking is disallowed under the Montana Clean Indoor Air Act.

The Supreme Court found that the health board wrongly determined the shelters were partially open, saying the vents near the ceiling were akin to “cracking a window.” The justices also found that the so-called smoking shacks were places of work, thus subjecting them to the no-smoking law. 

Gregg Smith, attorney for casino owners Douglas and K.C. Palagi, said they were disappointed with the decision, but respect it, and plan to work with the health department to come up with a solution.

“We wish that the court would have given us a little more guidance in terms of what is legal,” Smith said Wednesday. “They said the existing ... shelters are illegal, but didn’t provide any guidelines with what would have to be done to make them legal.

“Do we make them more open, less open, what is it going to take to satisfy the county health department?” Smith asked.

The shelters at casinos owned by the Palagis have a half-dozen gambling machines in them, Smith said. Other casinos in Cascade County have similar shelters.

State law requires video gambling machines to be in enclosed public spaces, where the clean air act prohibits smoking.

The Palagis said they built the smoking shelters because the Montana Clean Indoor Air Act hurt their business.

The American Cancer Society’s Cancer Action Network praised the Supreme Court ruling.

“We are glad that the Montana Supreme Court saw the plaintiffs’ lawsuit against the county for what it was — a creative attempt to skirt the law,” said Kristin Page-Nei, the organization’s government relations director in Montana. “No one should have to choose between their health and a good job.”

The Montana Clean Indoor Air Act, which took effect in October 2005, requires all enclosed public places and workplaces to be smoke free. The Legislature gave bars and casinos until 2009 to comply.