CARSON CITY -- In the wake of a judge's decision, an anti-smoking advocate said Friday she expects people across the state will comply without protest with the Nevada Clean Indoor Air Act and stop smoking in restaurants, supermarkets, bars that serve food and other public places.

District Judge Douglas Herndon on Thursday upheld the new anti-smoking law, but also decided people cannot be charged with criminal violations if they smoke in places where it is prohibited.

American Cancer Society representative Buffy Martin Tarbox said most people are law-abiding and don't need the threat of a criminal penalty to comply with the law. People still can be cited civilly by county health departments if they smoke in prohibited places and fined $100.

"We know, based on every other state that has passed smoking prohibitions, that there is self-policing," she said. "Very few citizens or businesses will take it upon themselves and break the law."

Until Herndon's decision, the new law had not gone into effect in Clark County. In other Nevada counties, the law has been in effect since Dec. 8.

Sean Higgins, president of the Nevada Retail Gaming Association, which opposed the law, said Herndon's decision means "obviously the law is in place. There is a law in place, so you comply with the law."

He said his organization has been holding meetings and has not decided yet whether to appeal the decision to the Nevada Supreme Court.

Herndon is not expected to release the decision in written form for two weeks.

Gene "Geno" Hill, president of the Nevada Tavern Owners Association, did not return a call to find out what his next step will be. His organization, which represents tavern owners who are expected to bear much of the brunt of the new law, brought the lawsuit challenging the anti-smoking law.

Gov. Jim Gibbon declined through his spokesman, Brent Boynton, to comment specifically on Herndon's decision. Boynton said Gibbons wants the will of the voters -- who approved the Nevada Clean Indoor Air Act in November -- upheld.

Martin Tarbox said her organization and others that circulated petitions to place the measure on the November ballot are confident that within a few weeks county health departments will decide how they will enforce the law and there will be few enforcement problems.

Herndon, however, issued an injunction against enforcing a section in the law that called for police to cite offenders with a misdemeanor offense, an offense that rarely leads to time in jail.

Martin Tarbox said that section of the Clean Indoor Air Act was picked up from existing anti-smoking laws. State law already prohibited smoking by students on school property, in day-care centers and video arcades.

The Southern Nevada Health District has decided to educate people about the new law before enforcing it.

Martin Tarbox said she is not worried that the health district might take time before enforcing the law.

"The American Cancer Society is very patient," she said. "Most citizens are law-abiding. Most smokers are very respectful. If they want to smoke, then they will go outside."

She said businesses where smoking is prohibited should only have to put up no-smoking signs and remove ashtrays, and virtually every customer will comply.

Assembly Judiciary Chairman Bernie Anderson, D-Sparks, said the Legislature cannot make changes in the law, even to correct problems that Herndon identified.

The contents of Clean Indoor Air Act were contained in Question 5 that was passed by 54 percent of voters on Nov. 7.

The question was an initiative petition to amend a state statute. Under the state constitution, the Legislature cannot amend, suspend or nullify these laws for at least three years from the date it went into effect.

The Legislature meets every other year and cannot not change the new law's provisions until 2011, unless the governor calls a special session after Dec. 8, 2009.

"Obviously, we are precluded from doing certain things," Anderson said. "I am sure people will be talking about it in the Legislature, trying to straighten things out. I think we have to wait and see how the health departments handle it."

Martin Tarbox said health care organizations put the initiative on the ballot because they had tried unsuccessful for 14 years to persuade the Legislature to pass tougher anti-smoking laws.

She said they have found that people in Northern Nevada like non-smoking restaurants and restaurant-bars.

"Personally I haven't heard of any business going down because people can't smoke," she said. "We have had a couple of calls from businesses that wished they went smoke-free on their own because their business increased."