FLAMINGO PARADISE GAMING, LLC, A Nevada Limited Liability Company d/b/a Terrible's Hotel and Casino; Higco, Inc., A Nevada Corporation d/b/a Three Angry Wives Pub; Market Gaming, Inc., A Nevada Corporation; Cardivan Company, A Nevada Corporation; E-T-T, Inc., A Nevada Corporation; and Nevada Tavern Owners Association, Appellants,
v.
George CHANOS, Attorney General of the State of Nevada; David Roger, Clark County District Attorney; Bill Young, Sheriff of Las Vegas Metropolitan Police Department; Bradford Jerbic, City Attorney for the City of Las Vegas; Karen Coyne, Chief City Marshal for the City of Las Vegas; Richard D. Perkins, Police Chief of the City of Henderson; Shauna Hughes, City Attorney for the City of Henderson; Joseph K. Forti, Police Chief of the City of North Las Vegas; Carie A. Torrence, City Attorney for the City of North Las Vegas; Dr. Lawrence Sands, Chief Health Officer for the Southern Nevada Health District; and Nevada Resort Association, A Nonprofit Cooperative Association, Respondents.
George Chanos, Cross-Appellant,
v.
Flamingo Paradise Gaming, LLC, A Nevada Limited Liability Company d/b/a Terrible's Hotel and Casino; Higco, Inc., A Nevada Corporation d/b/a Three Angry Wives Pub; Market Gaming, Inc., A Nevada Corporation; Cardivan Company, A Nevada Corporation; E-T-T, Inc., A Nevada Corporation; and Nevada Tavern Owners Association, Cross-Respondents.
Supreme Court of Nevada.https://leagle.com/images/logo.png
September 24, 2009.
September 24, 2009.
Attorney(s) appearing for the Case
Jones Vargas and Bradley Scott Schrager, Kirk B. Lenhard, and Kathleen L. Fellows, Las Vegas, for Appellants/Cross-Respondents Flamingo Paradise Gaming, LLC, Higco, Inc., Market Gaming, Inc., Cardivan Company, and E-T-T, Inc.
Kummer Kaempfer Bonner Renshaw & Ferrario and Mark E. Ferrario and Tami D. Cowden, Las Vegas, for Appellant Nevada Tavern Owners Association.
Catherine Cortez Masto, Attorney General, Christine M. Guerci-Nyhus, Chief Deputy Attorney General, and Nancy D. Savage, Senior Deputy Attorney General, Carson City, for Respondent/Cross-Appellant Chanos.
David J. Roger, District Attorney, and Mary-Anne Miller, Deputy District Attorney, Clark County, for Respondents Roger and Young.
Bradford R. Jerbic, City Attorney, and Philip R. Byrnes, Deputy City Attorney, Las Vegas, for Respondents Jerbic and Coyne.
Shauna M. Hughes, City Attorney, and David W. Mincavage, Assistant City Attorney, Henderson, for Respondents Perkins and Hughes.
Carie A. Torrence, City Attorney, and Jeffrey F. Barr, Deputy City Attorney, North Las Vegas, for Respondents Forti and Torrence.
Stephen F. Smith, Las Vegas, for Respondent Sands.
Brownstein Hyatt Farber Schreck, LLP, and Todd L. Bice and Nathan T.H. Lloyd, Las Vegas, for Respondent Nevada Resort Association.
Lemons, Grundy & Eisenberg and Robert L. Eisenberg, Reno, for Amicus Curiae American Cancer Society.
Before the Court En Banc.1
Supreme Court of Nevada.
OPINION
By the Court, HARDESTY, C.J.
This appeal involves a facial challenge to the constitutionality of Nevada's Clean Indoor Air Act (NCIAA), which was passed as a ballot measure in 2006 and codified in NRS 202.2483. The NCIAA prohibits smoking in schools and "indoor places of employment" but provides exceptions for gaming areas in casinos, stand-alone bars, and strip clubs. In an action for injunctive and declaratory relief, appellants challenged...
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