Nevada Judge Rules in Favor of Bar

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by linkup on Mon Jun 11, 2007 12:24 am

Yes, it is Unconstitutional to impose fines on Bar Owners and Bar Employees for not playing a part in Smoking Ban Enforcement.

Bottom line: Bars cannot be fined for NOT telling a smoker to butt out!

When the Ban States realize they will have to become a Smoking Police State like U.K. to enforce,they will either go the extreme,like U.K. or have the common sense to compromise:

http://www.lasvegassun.com/sunbin/stories/nevada/2007/jun/08/060810569.html

June 08, 2007

Ashtrays, matches gone but smoking continues at Las Vegas bar

LAS VEGAS (AP) - Ashtrays and matches were gone, but smokers kept lighting up at a tavern that is challenging Nevada's voter-approved anti-smoking law.

Some patrons at Bilbo's Bar and Grill in Las Vegas discarded cigarette ashes in red plastic cups as they smoked while watching Thursday's NBA Finals, the Las Vegas Review-Journal reported Friday.

While smoking in a bar where food is served violates the Nevada Clean Indoor Air Act, a Clark County District Court judge's ruling earlier Thursday did not require bar employees to stop people from smoking.
Judge Valerie Adair's written order followed a hearing on Wednesday at which she said she was unwilling to require bar employees to police their patrons.

The preliminary injunction found Bilbo's owners Bent Barrel Inc. engaged in a "persistent and continuous violation" of the measure, and ordered Bilbo's to remove ashtrays and matches from the bar. No penalty was levied.

The ruling made Bilbo's, several miles west of the Las Vegas Strip, the first business in the state reprimanded for violating the law passed by voters statewide in November.

A trial has not been scheduled on a civil lawsuit filed April 30 by the Southern Nevada Health District, which is seeking to fine Bent Barrel $100 for each of two people observed smoking in the bar April 12.

Lawyer Robert Peccole, representing the bar, has made several arguments against the measure. He called it unconstitutionally vague, said it infringed on Bilbo's free speech right to distribute materials bearing Bilbo's logo, and maintained that it unfairly favors certain businesses.
The law was not vague about removing ashtrays, Adair said, adding that a provision banning "other smoking paraphernalia" would reasonably include matches.

The measure also does not violate a business owners' right to commercial speech, Adair said, when weighed against the government interest in protecting the public from the effects and exposure to secondhand smoke.

The judge said Bent Barrel, as the holder of a state-issued gaming license, is subject to regulations under the act.

The smoking ban took effect in most parts of the state on Dec. 8 and in Clark County in January. It prohibits smoking in bars and restaurants, in slot machine sections of grocery and convenience stores, and at video arcades, shopping malls, schools and day-care centers. It allows smoking on casino floors.

Last edited by linkup on Tue Jun 12, 2007 1:56 am; edited 1 time in total

linkup