Nevada smoking ban in effect

From what I could gather by watching a few minutes of the court hearing this morning, the temporary injunction against the smoking ban initiative approved by Nevada voters has not been granted, meaning that the law is probably now in effect. I didn't entirely understand the judge's interpretation, but it looks like he believes that the statute when violated makes the smoker at fault rather than the business. As to whether the statute applies to hotel and motel rooms, the judge said that such cases will have to decided on an "as applied" basis when they come up (i.e., when somebody gets cited for smoking in a hotel room, if that ever happens). Either way, it looks like smoking in restaurants, grocery stores, convenience stores, and bars that serve food is now prohibited by regulation. The biggest problem with the statute remains the fact that it applies to smaller gambling establishments but not to large casino floors -- perhaps this will be rectified by the legislature (unlikely) or a future initiative (less unlikely).

Correction: Looks like I missed a crucial part of the hearing. The judge granted the injunction against leveling criminal penalties, but did not grant it for leveling civil penalties.


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Civil penalties? Are private citizens going to be able to sue smokers now? I saw you smoking, give me a hundred dollars!

Ingen Angiven | Thu, 12/21/2006 - 12:34pm

Isn't that how most health code violations work? I'm legally ignorant in this area.

crazymonk | Thu, 12/21/2006 - 1:06pm

No idea, I don't understand how it works in this context.

Ingen Angiven | Thu, 12/21/2006 - 2:41pm

So, CM, is this effort for worker's rights working or no? And is that what it has amounted to? And if not, what does it look like? What bars have you frequented recently? Have they been complying (or trying to comply)? Has there been resistance to speak of? I am very much out of the loop. A more detailed analysis from the ground, if you get the chance....

rsk | Wed, 12/27/2006 - 12:30am

Sure, I'll try to write about it in the near future, but I left Nevada for the holidays the day after the court's decision came down. In other words, I haven't been to any establishments yet, but I will be back for the new year...

crazymonk | Wed, 12/27/2006 - 12:48am