ANTI-SMOKING LAW: CHALLENGE: BAN UNFAIR, VAGUE
Subtitle: Casinos vs. taverns one issue
Source: Las Vegas Review-Journal
Date: 2006-12-20
Author: BRIAN HAYNES REVIEW-JOURNAL
URL:
http://www.reviewjournal.com/lvrj_home/2006/Dec-20-Wed-2006/news/11531050.html
ID: 238607
As court onlookers learned Tuesday, things aren't always what
they seem when the discussion turns to the constitutionality of
the state's new anti-smoking law.
In an all-day hearing, lawyers for bar and tavern owners
challenged the Nevada Clean Indoor Air Act, saying it's vague
and unfairly targets small businesses.
"This was a misguided attempt to achieve a laudable goal," said
Mark Ferrario, who represents the more than 200 members of the
Nevada Tavern Owners Association. "No one from our side of the
table is challenging the goal of protecting children and
families from secondhand smoke."
Much of the debate in the courtroom of District Judge Douglas
Herndon centered on the argument that the law voters passed last
month unfairly banned smoking in some businesses while allowing
it in others. . . .
Herndon did not make a decision Tuesday and will return to the
bench this afternoon after reading some legal briefs that were
filed too late for the judge to read before the hearing.
He did not say whether he would make his decision then.
Herndon said that if he issues a preliminary injunction, it
would apply only to the businesses involved in the lawsuit.
Category -Lawsuits -Smokefree Policies -Casinos/Gambling
-Elections/Politics -Dining/Entertainment -waivers/exceptions
State -Nevada
