District Court Judge Douglas Herndon determined this morning (Jan. 23) that a portion of the Nevada Clean Indoor Air Act is constitutional, upholding the civil side of the statute, while at the same time declaring the criminal portion of the statue failed to meet a constitutional standard. Under the judge’s ruling, civil penalties will remain, with smokers facing a $100 fine for smoking in a tavern, restaurant, theater, school or airport. However, with the criminal penalties removed, no one will go to jail for smoking. In announcing his ruling, Judge Herndon said he chose to side with voters who chose to make indoor areas smoke free by “allowing the measure to go forward with its full operation and purpose, which is to ban smoking.”
lvcourtsblog.com
Information from the Clark County Courts (Nevada)
January 24th, 2007 at 3:07 pm
Is this judge a non-smoker ?????
Why are independent tavern owners having to “pay the price” while big money casinos skate free? This law will only once again drive the independent businesses out of business. Why not let the business owner decide whether the establishment is smoking or non and have each business posted either way. That way, people who smoke after they eat, can patronize those businesses that still serve food and allow smoking. The non-smokers can patronize businesses that have elected to be all non-smoking. I thought this was a country of freedom of choice. When these high and mighty non-smokers have to bear the financial burden of paying to replace all the tax money generated on a pack of smokes, they won’t like that either. I believe in being fair to both sides and this law certainly is one sided.