Jump to full article: Nevada Appeal, 2009-09-25
Author: Geoff Dornan
Intro: The Nevada Supreme Court on Thursday agreed with a district judge's ruling upholding the voter-approved ban on indoor smoking.
Clark County District Judge Douglas Herndon earlier upheld the constitutionality of civil penalties imposed for violating the Nevada Clean Indoor Air Act of 2006. But he ruled the criminal penalties contained in the act are unconstitutionally vague.
“We conclude that the district court correctly ruled that ... the statute is constitutional for civil enforcement but unconstitutionally vague for criminal enforcement,” the majority opinion stated. . . .
The lone dissent was by Justice Michael Cherry. He said allowing or banning smoking based on whether a business has a restricted or non-restricted gaming license is an arbitrary difference with no rational basis.
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