Federal District Court Judge Hendon ruled that no one should be arrested and jailed for violating the Nevada Clean Indoor Air Act by smoking and people caught smoking in banned areas should be cited by law enforcement (health district officers instead of Metro police) with a civil offense, similar to a traffic ticket with a cap of $100 on penalties. According to Judge Herndon the smokers will be the ones fined, not the owners, at least for now. Teams of lawyers are awaiting the appeal opportunities created by this issue.

Could the Nevada smoking ban be unconstitutional because of vagueness or perhaps because of the discriminatory nature of the statute which treats major properties (casinos with unlimited gaming licenses) apart from small business? These are the major arguments employed by the small business tavern owners in an attempt to strike down the new voter passed law. Unfortunately for the tavern owners the major properties are throwing their influence to enforcing the law. They filed their own 27 page brief outlining their support for the law.

So, it looks like the small business owners, the entrepreneurs, are caught in a public interest vice with those citizens demanding the ban squeezing from one side while the major corporations use their weight to 'back the public good' and squeeze from the other side.

Of course, I never supported either Question 4 or 5 since both seemed destined to lead to the same conclusion, expanding government powers without careful scrutiny .

See Also:
Original Question 4 & 5 Article.
LVRJ
Nevada Appeal
Vegas Pundit (all the court filings in .pdf)