Updates on prior columns: E-cigarettes and access for the handicapped to the state museum

Readers routinely complain that the news media give the beginning but not the end of a story. Well, here are a few endings of note involving e-cigarettes and equal access to the Nevada State Museum at the Springs Preserve. As hard as I tried, I couldn’t find a link to tie them together, so they’ll have to hang separately. Thank you, Ben Franklin.

E-CIGS: When 7-Eleven sued Becker Enterprises because of an adjacent business called Sky Vapors, the convenience store company argued that e-cigarettes contain tobacco.

The convenience store chain claimed that their lease has an exclusivity clause, and the landlord cannot rent to a nearby business that sells tobacco.

The question of whether or not e-cigarettes are tobacco products is both national and complex.

But at least in this single lawsuit, District Judge Michelle Leavitt came down on the side of Becker Enterprises, which was sued under the name of its related company, Durango Sahara.

Leavitt concluded e-cigarettes are not tobacco products. In February, she laid out her rationale, a decision that allows Sky Vapors, which sells e-cigarettes, to remain at 8643 W. Sahara Ave., in a shopping center on the southwest corner of Sahara Avenue and Durango Drive.

Leavitt tossed the case and granted the summary judgment sought by Becker Enterprises. She said exclusivity clauses in commercial leases “are considered a restraint of trade, and as such, are strictly construed against the person seeking the enforcement.” That’s you, 7-Eleven.

Then the judge relied on the city of Las Vegas Municipal Code that defines tobacco products as “any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis or any other preparation of tobacco product.”

The code doesn’t say that patches containing nicotine or nicotine gum used by people trying to stop smoking are included in the definition.

Nor does the code mention “vapor products” or e-cigarettes.

So, Leavitt said, e-cigarettes are not tobacco products. The nicotine in e-cigarettes, which have gained popularity in the past three years and are now a $2.5 billion industry, is not in a tobacco leaf form. It’s in a liquid form.

The timing on the Feb. 2 hearing was perfect, according to Becker Enterprises attorneys April Becker and Jessica Goodey.

Two weeks later, the Southern Nevada Health District said e-cigarettes are harmful to people’s health and should be regulated. The vapor contains nicotine, ultrafine particles and low levels of toxins known to cause cancer, local health officials said. “These are in concentrations that are higher than in conventional tobacco smoke.”

The health district didn’t come out and call it tobacco. The district called it worse than tobacco. But that didn’t change or influence this lawsuit by 7-Eleven because the lawsuit wasn’t about the safety of e-cigarettes. It was about trying to quash the competition.

7-Eleven sells e-cigarettes too.

ADA ISSUES AT MUSEUM:Officials at the Nevada State Museum at the Springs Preserve were put on notice in 2014 that the museum built in 2011 had problems for people with disabilities.

Peter Barton, administrator of the state Division of Museums and History, acknowledged various problems and agreed that change is necessary. Some access changes have occurred. For instance, the front doors were changed so people in wheelchairs won’t get stuck in the middle. Barton found the $30,000 needed to make that happen, but estimated that it would take more than $1 million to reach compliance so all visitors can enjoy the museum.

But expensive changes involving upgrading the exhibits themselves so the visual and hearing impaired can enjoy them, well, that takes more money.

State officials considered suing the California firm that designed and built the exhibits within the $51.5 million museum, which didn’t take into account the disabled, but he said the decision was made not to sue out of concern the lawsuit would be too costly and might not be successful.

While he would like an extra $500,000 to move things along more quickly, that money is not in Gov. Brian Sandoval’s proposed budget.

Barton said the state capital improvement program didn’t even recommend his budget request to the governor.

“I’ll try next time,” he said, referring to the 2017 legislative session.

It’s hard to understand how the federal government can pass a law in 1973 requiring access for programs, goods and services for the disabled, and a museum can have exhibits that are not accessible to all 42 years later in 2015.

Is it lack of money or lack of caring?

Jane Ann Morrison’s column appears Thursdays. Email her at jmorrison@reviewjournal.com or leave a message at 702-383-0275. Find her on Twitter @janeannmorrison

ad-high_impact_4
News
LVMPD Arrests Suspect in Sunset Park Shooting
Captain Robert Plummer held a press conference at LVMPD headquarters Thursday to provide updates on the arrest of Anthony J. Wrobel, accused of killing a Venetian executive and wounding one other in a shooting on Sunday.
Two Black Men Arrested at Starbucks Share Their Story
Two Black Men Arrested at Starbucks Share Their Story Rashon Nelson and Donte Robinson sat down with ABC’s ‘Good Morning America’ on Thursday and said the Starbucks manager called the police two minutes after they arrived. Donte Robinson, to 'Good Morning America' Donte Robinson, to 'Good Morning America' The men were meeting with a friend for a business meeting at the store’s location at around 3:45 pm on April 12 and declined to make any purchases. Starbucks CEO Kevin Johnson issued a public apology and vowed to fix the issue by closing 8,000 stores nationwide next month for training on unconscious bias. Both Nelson and Robinson were released without charges after spending hours in jail, and the manager is no longer with the company.
Hero Southwest Pilot Was One of the Navy’s First Female Fighter Pilots
Hero Southwest Pilot Was One of the Navy’s First Female Fighter Pilots Tammie Jo Shults is being called a hero after safely landing the crippled Southwest Flight 1380 in Philadelphia. According to a spokesperson, Shults began her Navy career in 1985 and was one of the first female pilots to “transition to tactical aircraft.” She served for another eight years before moving to the Naval Reserve, retiring completely in 2001 with the rank of Lt. Commander. The Southwest flight, which was headed for Dallas from New York, was forced to make an emergency landing after one of its engines blew. One passenger was killed in the explosion when shrapnel flew through a window. Seven others suffered minor injuries aboard the flight, which carried 149 people. Passenger Peggy Phillips, to NBC News Passenger Peggy Phillips, to NBC News
Bump stock manufacturers under fire
The Justice Department said last month that it had started the process to amend federal firearms regulations to clarify that federal law defines bump stocks as machine guns.
Artist, Community Paint Winchester Skate Park
Andrew Schoultz, a Los Angeles-based artist with an upcoming exhibit at UNLV's Barrick Museum, painted the skate park at Winchester Cultural Center on Tuesday.
Prince death investigation coming to an end
Prosecutors in Minnesota plan an announcement Thursday on the two-year investigation into Prince's death from a drug overdose Prince was 57 when he was found alone and unresponsive in an elevator at his Paisley Park estate on April 21, 2016. An autopsy found he died of an accidental overdose of fentanyl. Search warrants unsealed about a year after Prince died showed that authorities searched his home, cellphone records of associates and his email accounts to try to determine how he got the drug. The county attorney has scheduled a morning announcement at which time charges could be filed.
David Copperfield executive producer testifies during the magician's civil trial
A British tourist is suing illusionist David Copperfield saying he was injured during a trick. Chris Kenner, executive producer for illusionist David Copperfield, was on the witness stand all day Tuesday, April 17. Kenner testified that a business manager for the show talked to the man after he fell. Kenner testified that the tourist, Gavin Cox, said he was OK moments after the fall. Cox later told the crew: “Maybe I will have this looked at.” Copperfield is the next witness in line for Cox’s attorneys. K.M. Cannon/Las Vegas Review-Journal
Art Bell’s Top 10 Shows
A selection of radio host Art Bell’s most popular shows.
CCSD Teacher Is a Living Organ Donor
June Monroe speaks about her kidney donation to her brother and advocacy work with the National Kidney Foundation.
Shadow Ridge High School teachers protest
Shadow Ridge High School teachers protest. Teachers are upset over many things, including the fact that the district is fighting an arbitration ruling for pay raises. Bizuayehu Tesfaye/Las Vegas Review-Journal @bizutesfaye
Clark County commissioners debate getting rid of Henderson, North Las Vegas constables
Clark County commissioners are debating whether to get rid of the Henderson and North Las Vegas constables after RJ's story pointing out questionable spending by the Henderson Constable Earl Mitchell. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
1 Dead, 7 Injured After Southwest Airlines Flight Makes Emergency Landing
1 Dead, 7 Injured After Southwest Airlines Flight Makes Emergency Landing Dallas-bound Southwest Airlines Flight 1380 out of New York, which had 143 passengers and a crew of five onboard, landed in Philadelphia on Tuesday. According to NBC10, a female passenger was partially sucked out of a broken window, which was a result of the plane's engine ripping apart. It's not known if the female passenger was the one who died. Emergency personnel met the battered plane upon its landing. According to the Federal Aviation Administration, the blown engine resulted in a smashed window and a damaged fuselage. Southwest Airlines The FAA said that the NTSB will lead the investigation into what happened.
Single vehicle crash kills man
A man died Tuesday morning in a single-vehicle crash in northeast Las Vegas. The crash occurred Tuesday morning on the 1900 block of Pasadena Boulevard, near Lake Mead Boulevard and Mt. Hood Street. Police had few details, but Metro's fatal detail was on the scene investigating.
Sunset Park Homicide (update 2)
LVMPD gives update about suspect in homicide at Sunset Park (Blake Apgar)
Sunset Park Homicide (update)
Update from LVMPD on Sunset Park homicide. Releasing suspect's name (Blake Apgar)
Sunset Park Homicide
Police give details about Sunset Park homicide on Sunday, April 15, 2018. (Blake Apgar)
Parents of autistic child talk about their experience waiting for care
Parents of autistic child talk about their experience waiting for care. Bizuayehu Tesfaye/Las Vegas Review-Journal @bizutesfaye
Donald Trump Calls Out James Comey After Book Details Emerge
Donald Trump Calls Out James Comey After Book Details Emerge The President took to Twitter to criticize the former FBI director as information emerges from Comey’s new book, ‘A Higher Loyalty’. According to 'The New York Times', Comey describes Trump in the book as “unethical, and untethered to truth and institutional values.” James Comey, A Higher Loyalty, via The New York Times A Higher Loyalty hits stores on April 17.
Big Bounce America visits North Las Vegas
Billing itself as "the biggest bounce house in the world," Big Bounce America visits Craig Ranch Regional Park in Las Vegas.
Endangered Devils Hole Pupfish numbers enough for concern, but not panic
Researchers from the U.S. Fish and Wildlife Service and Death Valley National Park came together at Devils Hole, about 90 miles west of Las Vegas, for a biannual count of the Devils Hole Pupfish, an endangered species. Their count this time – 87. (Video by Patrick Connolly)
Hickey Elementary Students Put Harry Potter on Trial
Liliam Lujan Hickey Elementary School students learned how the judicial system works by putting Harry Potter on trial for the illegal use of magic.
David Copperfield in court after man injured during magic trick
The attorney for a British man who is suing illusionist David Copperfield said his client suffered serious injuries after being called on stage during Copperfield's show at MGM Grand.
The Clark County Museum Turns 50 This Month
The Clark County Museum has an extensive collection, dating back to prehistoric times in Southern Nevada up through the present day. It was first established in April 1968 and has had several locations before it's current home on South Boulder Highway.
Route 91 Artifacts Will Be On Display This October
Clark County Museum Administrator Mark Hall-Patton explains what artifacts will be on display in October as part of the museums Route 91 shooting memorial exhibit called "How We Mourned."
Bullet grazes woman's head
Las Vegas police investigating calls of a shooting early Friday morning found a woman who suffered a wound to her head. A bullet grazed the woman's head while she was inside her Village Square apartment on Nellis Oasis Lane. She did not have to be hospitalized, and police said she might have been an "unintended" victim. The shooting occurred around 4 a.m. Police are looking for the shooter.
Aces Host Draft Party
The Las Vegas Aces host a WNBA draft party at the Mandalay Bay for season-ticket holders, and have the number one overall pick.
Las Vegas man stands with president at White House
President Donald Trump delivered remarks in the Rose Garden Thursday about how the GOP tax cut plan helped working families across the country. To his left stood Richard Kerzetski, president of Universal Plumbing & Heating Co. in Las Vegas. Debra J. Saunders/Las Vegas Review-Journal
Transgender Man Running for Assembly District 42
U.S. Army veteran La Don Henry is hoping to become Nevada’s first openly transgender state legislator.
Erik Weihenmayer is the First Blind Person to Summit Mount Everest
Erik Weihenmayer talks about how he first got into mountaineering in 1995 with the ascent of Denali, the tallest peak in North America, and what he loves about climbing.
New Theater Coming to Neonopolis
Ken Henderson explains his concept for Notoriety, a 57,000-square-foot theater complex on the third floor of Neonopolis intended to host comedy, music and theater acts.
Life
Art Bell’s Top 10 Shows
A selection of radio host Art Bell’s most popular shows.
Calvary Christian Learning Academy, “There was no fair warning.”
Samantha O’Brien, whose three-year-old daughter attended the Calvary Christian Learning Academy daycare, found out Monday night when her daughter’s teacher called about the school closing.
Companies bet their futures on cryptocurrency
Two Las Vegas entrepreneurs talk about finding their niche in blockchain enabled technologies and digital currency.
Solar panels reduce energy bill for CCSD
Wilbur and Theresa Faiss Middle School is one of 42 CCSD schools with solar panel installations, saving approximately $514,000 per year in energy costs.
TOP NEWS
News Headlines
ad-infeed_1
ads_infeed_2
Local Spotlight
Events
Home Front Page Footer Listing
Circular
You May Like

You May Like