The Las Vegas Sun reported that the Nevada Supreme Court denied a challenge to the civil enforcement of Nevada’s indoor smoking ban.
The criminal enforcement of the smoking ban had already been held unconstitutional, and the statutory basis for criminal enforcement has been removed from the statute.
However, civil enforcement of the smoking ban is constitutional, despite the challenge from Las Vegas businesses. The businesses challenged the provisions under the equal protection clause, as the statute exempts gambling areas in large casinos, certain taverns, and certain strip clubs.
In rejecting the challenge, the Supreme Court reasoned that the exemptions did not violate equal protection because they are justified by the fact that "minors are prohibited from gambling areas in casinos, unlike in smaller bars and restaurants where slot machines are "incidental" to their overall business."
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.