What is happening with the court cases against the smoking ban?
On December 5, 2006, a group of 20 businesses in Clark County (primarily bar owners and casinos) filed a complaint against the smoking ban in the Eighth Judicial District Court. A temporary restraining order (TRO) was issued that prohibited the Southern Nevada Health District from enforcing the smoking ban at those 20 businesses. The TRO did not cancel the law. The TRO was lifted on December 19, 2006. On January 23, 2007, at the request of the state Attorney General, the Eighth Judicial District Court held a hearing on the constitutionality of the smoking ban. The Court ruled that the smoking ban is constitutional. However, the Court removed the law’s criminal penalties in Clark County only. In the rest of Nevada, it is legal to implement the law with both civil and criminal penalties. At this time, the only way the law would change at a statewide level is through the State Supreme Court.
