Court briefs for April 27, 2001

Friday, April 27, 2001 | 11:56 a.m.

Indictment over asbestos returned

A two-count federal indictment was handed down this week that charges three men with violating the Clean Air Act in connection with the asbestos abatement at the Sierra Arms Apartments in July 1998.

The indictment alleges that Michael Carbaugh, John Grant and Emeal Blackman operated the asbestos abatement project at the complex and failed to comply with work standards.

The former federal housing complex on Simmons Street between Holly Avenue and Coran Lane was dubbed one of the nation's worst public housing complexes.

The indictment alleges that the defendants failed to remove all regulated asbestos-containing material from a number of the units before demolition.

The maximum penalty for violations of the Clean Air Act is five years in prison, a fine of $250,000, or both, a spokesman with the U.S. attorney's office said.

Adult bookstore loses in court

The 9th U.S. Circuit Court of Appeals ruled Thursday in favor of the city of Las Vegas and found that ordinances regarding sexually oriented businesses are constitutional.

The ruling came as a result of a suit filed by Hot Stuff Adult Book and Video Store, claiming that the city's ordinances were unconstitutional. Hot Stuff, on West Charleston Boulevard, remains closed.

The court ruled that the store was not entitled to a license, that the city's sales tax on adult merchandise is constitutional, that ownership disclosure requirements are not overly burdensome and that the ordinance is sufficiently precise in its wording.