"Any Federal or State regulation of tobacco products should contain unambiguous non-preemption provisions, expressly clarifying that higher standards of public health protection imposed by State and Local governments are preserved."Congressional Advisory Committee on Tobacco Policy And Public Health (Co-Chairs: C. Everett Koop, M.D. and David A. Kessler, M.D.), Final Report, July 1997
Nevada's workplaces and indoor public places, including all restaurants and bars that serve food, are required to be 100% smokefree. Stand-alone bars and gaming areas of casinos unfortunately remain exempt. The state law was passed by voter initiative in November 2006 and took effect on December 8, 2006. A very important component of the law is that Nevada's cities and towns are now allowed to strengthen smokefree policy further at the local level. Read Nevada's 100% smokefree law.
Clean Indoor Air Act Information and Complaint Lines:
Washoe County District Health Department: Call 775-328-2434 or fill out an online complaint form.
Southern Nevada Health District (Clark County): 702-759-0588 or fill out an online complaint form.
Other areas of Nevada: 775-684-5914
Current tobacco-related statistics are available from the Centers for Disease Control's Tobacco Control State Highlights, 2010.
Nevada's does not have a 2016 Legislative Session
Local Control is Restored in Nevada
Nevada law no longer preempts the passage of local smokefree laws, which is a major victory over the tobacco industry. Starting in 1993, Nevada law prohibited municipal regulation of smoking in government buildings and restaurants. In 1999, preemption was signficantly extended to prohibit local governments from regulating "the smoking, use, sale, distribution, marketing, display, or promotion of tobacco products." The 2006 Nevada Clean Indoor Air Act, which was approved on the ballot, restored local control and includes an explicit anti-preemption clause, which states "Nothing in state law shall be construed to restrict local control or otherwise prohibit a county, city or town from adopting and enforcing local tobacco control measures that meet or exceed the minimum applicable standards in the above law." Local communities now have the ability to enact smokefree laws and close the loopholes in the state smokefree law, which still permits smoking in freestanding bars and casinos.
Nevada's Casino Workers Face Serious Health Risks
The National Institute for Occupational Safety and Health (NIOSH) released a report in 2009 showing workers in Las Vegas casinos are exposed to dangerous levels of secondhand smoke at work. The NIOSH report recommends making casinos 100% smokefree to ensure indoor air within casinos is safe for workers to breathe.
NIOSH conducted indoor air quality tests and biomarker assessments on 124 card
dealers in Bally's, Caesars Palace, and Paris casinos on the Las Vegas strip.
Researchers found secondhand smoke components in the air including nicotine,
4-vinyl pyridine, solanesol, benzene, toluene, p-dichlorormethane, and formaldehyde.
Researchers also conducted urinary testing of workers during and after their
shifts which indicated cancer causing toxins in secondhand smoke were absorbed
into workers’ bodies.
History of Smokefree Air in Nevada
In November 2006, voters in Nevada overwhelmingly approved the Nevada Smokefree Indoor Air Act by nearly 54%. The new law took effect December 8th, but a small group of business owners filed a request for a restraining order in Clark County District Court to halt enforcement, claiming the law may be deemed unconstitutional and too vague to comply with, and discriminates against certain businesses. Clark County District Court Judge Douglas Herndon granted a 15-day order. Advocacy groups and the Attorney General representing the people of Nevada fought to ensure that the law remained in effect.
On December 21, 2006, Judge Herndon ruled that the act would be allowed to go into effect immediately as a civil enactment.
During the 2009 legislative session, legislators introduced legislation (SB372) which threatened to roll back the state air law. Advocates fought back and won. The smokefree law remains intact. But still, many bar and casino workers across the state are left unprotected. A poll conducted in 2009 found that 72% of Nevada voters support the smokefree state law.
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- 2/21/2017City Rights in an Era of Preemption: A State-by-State Analysis
- 2/2/2017Red State, Blue City
- 1/5/2017GOP aims to rein in liberal cities
- 12/7/2016Local students celebrating decade of Nevada Clean Indoor Air Act
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- 8/22/2016Blue Cities, Red States
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- 4/1/2016Growing Southern cities are increasingly targets of state pre-emption
- 3/25/2016Beyond North Carolina's LGBT Battle: States' War on Cities
- 2/4/2016Corporate Interests Take Aim at Local Democracy
- 8/6/2015Blowing the Whistle on ALEC's Little Brother ACCE
- 7/7/2015Four Ways ALEC Tried to Ruin Your State this Year
- 5/17/2015Say no: States increasingly blocking cities and counties from imposing mandates on businesses
- 5/8/2015State lawmakers hate federal meddling even as they preempt local government
- 3/30/2015The ALEC-Backed War on Local Democracy
- 2/23/2015Govern Yourselves, State Lawmakers Tell Cities, but Not Too Much
- 11/2/2011Nevada Supreme Court upholds no smoking law
- 10/13/2011Intractable smokescreen
- 6/17/2011Governor signs bill to allow smoking in standalone bars that serve food
- 6/6/2011Assembly eases restrictions on smoking
- 6/2/2011NV panel moves bill allowing food in smoking bars
- 5/31/2011Let's keep clean-air legislation intact
- 5/24/2011Legislature Debates Changes to Voter-Approved Smoking Ban
- 5/21/2011Bill would snuff out Nevada's smoking ban in bars
- 6/18/2010State accused of plans to gut voter-approved smoking ban
- 2/5/2010State Preemption of Local Smoke-Free Laws in Government Work Sites, Private Work Sites, and Restaurants United States, 2005-2009
- 12/21/2009Cancer society sues convention authority over smoking measure
- 12/11/2009Cancer Society requests changes to anti-smoking law be thrown out
- 10/6/2009Officials to strengthen penalties for smoking ban
- 9/25/2009Smoking ban constitutional, minus criminal sanctions
- 6/2/2009Nev. lawmakers end session with flurry of activity
- 5/31/2009Lobbyists revive part of Indoor smoking bill
- 5/15/2009Bill that would loosen smoking restrictions dies
- 5/14/2009Plan to soften smoking ban running out of time
- 4/18/2009Smoking measure advances
- 4/13/2009Court won't block debate on smoking bill
- 4/8/2009Bill easing smoking ban endorsed
- 4/7/2009NEVADA SUPREME COURT: Smoking ban foes air challenge
- 4/4/2009Lawmakers consider changes to Nevada Clean Indoor Air Act
- 3/26/2009Nevada Lawmakers Consider Revising Smoking Ban
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