Appealing in Nevada : Nevada Appellate Lawyer & Attorney : Tami D. Cowden : Nevada Supreme Court, Ninth Circuit Court of Appeals

The long awaited ruling on the smoking ban has been issued.   In Flamingo Paradise Gaming v.  Attorney General, the Nevada Supreme Court affirmed the Judge Herndon's ruling that struck the criminal provisions but allowed the civil enforcement provisions to stand.

The Court did note that the "NCIAA contains numerous defects that may potentially be subject to as-applied challenges."

I am a bit sad at the loss, but hardly surprised.  And of course,  we did successfully defend that portion striking the criminal penalties.

Read the opinion here,

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The R-J today has a story entitled Enforcing the State Smoking Ban: Public health v. free speech. The Southern Nevada Health District has filed it first law suit seeking to enforce the smoking ban enacted through a ballot initiative against Bilbo’s Bar & Grill. Bilbo’s responds that its advertising use of matches and ashtrays is its first amendment right.  The Health District seeks a preliminary injunction to force the bar to cease is display ofthe ashtrays.  A hearing is set for June 6.

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