Nevada Supreme Court upholds indoor smoking ban
CARSON CITY — The Nevada Supreme Court has upheld the constitutionality of civil enforcement of Nevada's indoor smoking ban.
In a 34-page opinion issued Thursday, justices said a lower court properly found criminal enforcement of the 2006 voter-approved law was unconstitutional. That provision has already been severed from the statute.
But several Las Vegas businesses appealed the civil provisions, arguing the law violates equal protection guarantees because it exempts gambling areas in large casinos, as well as stand-along taverns and strip clubs.
A five-member majority rejected those arguments, saying the exemptions are proper because minors are prohibited from gambling areas in casinos, unlike in smaller bars and restaurants where slot machines are "incidental" to their overall business.
