CARSON CITY -- Nevada voters are expected to decide in November whether to outlaw smoking in hotel and motel rooms, restaurants, supermarkets, convenience stores and most bars under a decision handed down Monday by District Judge Bill Maddox.

Maddox threw out a petition to block the question from appearing on the ballot that had been filed by Herbst Gaming, PT's Pub, the Nevada Tavern Owners Association, United Coin Machine Co. and the Nevada Petroleum Marketers & Convenience Store Association.

"It is a real victory for us," said Buffy Martin, a spokeswoman for the Nevada Tobacco Prevention Coalition, composed of the American Cancer Society, the American Lung Association, the American Heart Association, the Nevada State Medical Association and the Academy of Family Physicians.

"People want a smoke-free Nevada," she said. "They know how important it is for public health. Most people are looking for places to take their children where smoking is not allowed."

It would take time for smokers to get used to nonsmoking bars and restaurants, she said, but once they did, they would find the ban beneficial for their health.

But Michael Hackett, campaign manager for the coalition, said it was not his organization's intention to require hotel and motel owners to prevent smoking in all rooms. He said that interpretation could lead to a Supreme Court challenge by Herbst Gaming and other opponents.

"I don't think it will be an issue to sway voters," Hackett said of the motel-hotel room inclusion. "It is hard to say what the other side will do. A lot of people don't like smoking in hotel rooms."

Lee Haney, a spokeswoman for Herbst and other opponents, said their lawyers are reviewing the decision and have yet to decide whether to appeal to the Supreme Court.

Haney said the provision that outlaws smoking in hotel and motel rooms could be "one of the determining factors" in voters rejecting the question.

"Our task is to let people know the harm their initiative could have on our economy," she said. "We think there needs to be more restrictions on smoking, but we understand we live in a tourist-based economy that depends on things not acceptable in other states."

She said nothing now prevents a casino, hotel, restaurant or bar owner from prohibiting smoking. Her organization argues businesses should make the decision.

Under the Tobacco Prevention Coalition's proposal, smoking would be permitted in gaming areas of casinos but banned in all restaurants, including those in casinos. It would be outlawed in most bars, including those in casinos, except in bars that do not serve food.

A poll taken by the Review-Journal in April found 63 percent of 625 respondents favored the restrictive proposal, called the Nevada Clean Indoor Air Act.

Voters will cast ballots on another, less restrictive smoking question in November.

The initiative, called the Responsibly Protect Nevadans from Second-Hand Smoke Act, qualified for a spot on the ballot. Its supporters include many of the same businesses that oppose the Clean Indoor Air Act. The Review-Journal's poll found 57 percent of respondents backed the less restrictive proposal.

Under the state constitution, if both questions receive majorities, then the one that draws the largest percentage of votes becomes state law.

Haney said she is confident the business-backed measure will receive the bigger vote once residents understand the economic problems the more restrictive ban would cause.

Responsibly Protect Nevadans From Second Hand Smoke Act largely maintains the status quo. It calls for banning smoking on school grounds and in day-care centers and video arcades.

The 2005 Legislature banned smoking in video arcades and day-care centers.

The business-backed measure allows smoking to continue in slot machine areas of grocery and convenience stores and in designated areas of bars and restaurants restricted to adults 21 and older. Smoking would be outlawed in areas of bars and restaurants where children are welcome.

"People want a more reasonable approach," Haney said. "We think there needs to be more restrictions to help people and protect children. Businesses should make that choice."

Both proposals qualified for the ballot during petition drives in 2004. But the Legislature last year refused to act on either petition, and under state law, they automatically were placed on the 2006 ballot. Both petitions had proposed bans on smoking on school grounds and at video arcades and day-care centers.

In making his decision, Maddox threw out arguments by opponents who argued the restrictive question was unconstitutional because it did not provide money for enforcement.

The Legislature "routinely passes new criminal statutes or amends existing statutes that must be enforced and that body always states that the new bill has no fiscal impact," he said in the decision.

He said that laws restricting drunken driving and domestic violence have been changed and that legislators decided the changes had no fiscal effect on law enforcement.

Martin said all her group wants is for businesses to put up signs that smoking is prohibited. In time and by persuasion from nonsmokers, most smokers voluntarily will stop smoking in places where it is prohibited.

Hackett said 22 states have laws that prevent smoking in restaurants and other businesses.

Martin said the countries of Italy and Ireland have outlawed smoking in bars, and the businesses have not seen a reduction in revenue.