A group that has fallen short twice now to ban smoking in public places campaigned for its ballot initiative in Northern and Southern Nevada on Thursday.

During the campaign at The Egg and I, a smoke-free restaurant on West Sahara Avenue, members of Nevadans for Tobacco-Free Kids talked about health risks associated with second-hand smoke and how the Nevada Clean Indoor Air Act would benefit children and adults.

A judge still must decide whether the initiative can appear on November's ballot. And there was no mention of a competing initiative by the gaming industry, which already has qualified for the ballot. If the Nevada Clean Indoor Air Act gets on the ballot as well, whichever measure receives the most votes goes into effect.

"Why go to the ballot? ... Because we have to. Because it is necessary," said Larry Matheis, executive director of the Nevada State Medical Association, at the Las Vegas news conference. "We have visitors that come here from places where their children have protection. Are Nevada's children not as important as the families who visit us?''

Matheis is part of a coalition of anti-smoking advocates who make up Nevadans for Tobacco-Free Kids.

The coalition consists of members from local chapters of the American Cancer Society, the American Heart Association, the American Lung Association, the Academy of Family Physicians and the Nevada State Medical Association.

Last year, opponents of the anti-smoking petition asked a judge to prevent the petition from getting on the ballot because it does not provide funding for police to enforce smoking restrictions.

An attorney representing members of the gaming and resort industries, tavern owners, convenience stores and other businesses argued that the Nevada Clean Indoor Act violated a state constitutional requirement that petitions that change laws must include a way of funding the new laws.

District Judge Bill Maddox has yet to make a decision on whether the initiative should be placed on the ballot.

The Nevada Clean Indoor Air Act would ban smoking in public places where children are allowed, such as restaurants, grocery and convenience stores, licensed day care facilities, schools, video arcades, shopping malls and movie theaters.

Bars that sell food would also be forbidden from allowing smoking. Smoking would not be banned in casinos.

The competing initiative would ban smoking only in video arcades, government buildings, movie theaters, hospitals and medical offices, all school properties, and in child care facilities that are not private homes.

Malls and retail stores, except for those with slot machines, also would ban smoking. Smoking would be permitted in casinos, bars and restaurants restricted to patrons 21 and older.

But Michael Hackett, campaign manager for the Nevada Clean Indoor Air Act, said the bottom line is "second-hand smoke is dangerous, especially to children. It's not just an inconvenience anymore. ... This is a public health issue.''

According to the Centers for Disease Control and Prevention, between 38,000 and 65,000 people die from heart and lung disease each year due to exposure to second-hand smoke.

Dr. Lawrence Sands, director of community health for the Southern Nevada Health District, said smoking is the fourth leading cause of death in Clark County. For children, he said, any exposure to second-hand smoke could lead to respiratory, eye and ear infections. Regarding the funding issue, Sand said, if the initiative passes, it will be up to individuals to complain about smoking in public places.