Court grants 15 day delay on Nevada smoking ban

Publication Date: 2006-12-08

• Publication:KVBC Las Vegas

A smoking ban that Nevada voters approved last month won't be going into effect Friday, at least in and around Las Vegas. But it's still on for the rest of the state.

That's according to a judge in Las Vegas who granted a 15-day postponement and said southern Nevada businesses that filed suit have a reasonable likelihood of persuading him the measure's unconstitutional.

Clark County District Court Judge Douglas Herndon's order prevents police and prosecutors from enforcing the voter-approved statewide smoking ban. He's ordered both sides to present their cases at a hearing on December 19.

The Clean Indoor Air Act was approved as Question Five on November 7. It would ban smoking in bars that serve meals; in slot machine sections of grocery and convenience stores; and at video arcades, shopping malls, schools and day-care centers.

It would allow smoking in the gambling areas of casinos. Businesses filed suit Tuesday seeking an injunction and a restraining order. They claim the law's too vague to comply with and that it unfairly discriminates against some businesses.