Jump to full article: San Jose (CA) Mercury-News, 2009-09-25
Author: SANDRA CHEREB Associated Press Writer
Intro: The Nevada Supreme Court on Thursday upheld the constitutionality of the state's indoor smoking ban, but rejected criminal enforcement of the voter approved measure.
In their 34-page opinion, the justices found in favor of civil actions against violators of the ban, but ruled that that Clark County District Judge Doug Herndon properly found criminal enforcement unconstitutional. They rejected arguments from the state attorney general's office appealing that finding.
Several Las Vegas businesses appealed civil penalty, which call for fines of up to $100, arguing the law violates equal protection guarantees because it exempts gambling areas in large casinos--those with nonrestricted gaming licenses--as well as stand-along taverns and strip clubs.
They argued "no rational reason exists" to allow smoking in one place but not another based solely on what type of gaming license the business holds.
. . .
In his dissent, Cherry said the majority's reasoning for allowing smoking in casino areas but not others businesses "misses the mark."
The majority, he said, "ignores the reality that the dangers of secondhand smoke are the same whether the smoking is in a nonrestricted or restricted gaming licensee's business."
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