A D.C. Superior Court judge has re-affirmed her decision to block a proposed referendum which would ban smoking in bars and restaurants in the District.

Judge Mary A. Terrell had ruled the referendum would impact sales tax revenue, and referendums are banned from changing fiscal policy in the District according to the Home Rule Act.

While the people over at Ban the Ban are crowing about “The Decline and Fall of the DC Smoking Ban,” DCist thinks the proposal is far from dead, the president of SmokefreeDC telling the W.Times “This is a minor skirmish in the overall war.”

The states of California, New York, Delaware, Maine and Massachusetts have already banned smoking in bars and restaurants, as well as a number of local jurisdictions, including Maryland’s Montgomery County.