One of the leaders in a successful 2006 initiative petition to ban smoking in bars and other public places has gone to court to block Nevada lawmakers from holding a hearing Friday on a plan to ease terms of that ban.
Kendall Stagg petitioned the state Supreme Court for an order to halt the Senate Judiciary hearing on SB372, which would revise the ban to allow for smoking in bars that serve food as long as minors are restricted from entry. Also, businesses could wall off separately ventilated smoking rooms.
Stagg said the Nevada Constitution states that an initiative petition can't be amended, repealed or otherwise modified within three years from the date it takes effect. In the case of the smoking ban which took effect in late 2006, he said that means nothing can be changed until the end of this year, when a full three years will have gone by.
"SB372 is an action by its sponsors, the Senate Judiciary Committee, to take the people's right to vote and make it meaningless," Stagg wrote. "Any action in regards to this bill also damages the right of the people to determine what is healthy for them rather than a building of lobbyists and legislators."
Lorne Malkiewich, head of the Legislative Counsel Bureau, said Wednesday that he disagreed with Stagg's argument. He also said that as of late Wednesday lawmakers hadn't been advised by the high court to respond to the petition.
"We believe that the Legislature can amend the statute effective three years and a day after its (original) effective date, and their argument is that we can't even consider it until three years and a day later," Malkiewich said.
Under Stagg's argument, lawmakers would have to wait until the next regular session in 2011, or take up the proposal during any special session that might be called in 2010.
The 2006 initiative bans smoking in restaurants and bars that serve food, and around slot machines at supermarkets, gas stations and convenience stores. The law does not apply to the gambling floors of casinos.