Resorts challenge smoking ban ruling

Resort operators and other opponents of the anti-smoking Nevada Clean Indoor Air Act have filed a notice they are appealing to remove the proposed statute from the November ballot.

The act would ban smoking in most public areas including hotel and motel rooms, all restaurants and businesses, including bars that are attached to restaurants. Smoking would still be allowed in casino areas where minors are prohibited and in "stand alone" bars and taverns.

Carson District Judge Bill Maddox, in a 19-page opinion issued June 5, rejected arguments the proposal was vague and unconstitutional. He went one step further than proponents had asked him to, ruling that the smoking ban would also apply to hotel and motel rooms. Advocates said they didn't intend that restriction when writing the proposal.

The official notice of appeal was filed July 5 in the Nevada Supreme Court.

The anti-smoking act was authored by the American Heart Association, American Cancer Society, American Lung Association and Nevada Tobacco Prevention Coalition.

Michael Hackett, a spokesman for the petition's advocates, said they won't cross-appeal to change the hotel-motel portion of the ruling, but will defend against the attempt to get the Supreme Court to remove the issue from the ballot.

Before the case can proceed, the court will first ask the parties in the case whether they can resolve any of their disagreements in a settlement conference. If not, briefs and a hearing schedule will be set.

The secretary of state's office and county election officials, however, need to know whether the question goes on the ballot by the first Monday in August - this year, Aug. 7.

Maddox rejected more than a dozen procedural, constitutional and statutory challenges designed to keep the issue off the ballot. He said statutes, whether legislative or enacted by initiative, "are cloaked in the presumption of constitutionality."

The gaming, restaurant and bar industries have put their own, much less restrictive, proposal on the ballot.

Under Nevada law, if both receive majority approval, the one receiving the most votes will become law.

• Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.