Friday, Nov. 5, 2004 | 11:18 a.m.
CARSON CITY -- The tug-of-war between health groups and a coalition of casinos, taverns and convenience stores over tighter restrictions on smoking in Nevada is heating up.
An initiative petition, supported by gaming, liquor dealers and bars, has been filed in all 17 counties with 87,613 signatures, far more than the 51,337 required, says Lee Haney, representing Responsibly Protect Nevadans from Second-Hand Smoke Act.
She said the coalition wanted to make sure it had enough valid signatures of registered voters to present the petition to the 2005 Legislature.
A rival petition, called the Nevada Clean Indoor Air Act, is now verifying its signatures. The deadline for submission is next Tuesday.
Kendall Stagg, who represents the clean indoor air group, said Thursday its petition has more signatures than necessary and will be filed Monday or Tuesday.
If both petitions qualify, there could be a battle in the Legislature over which one, if any, to adopt. The Legislature can act on either petition. If the Legislature does not act on a petition submitted to it, the petition goes to the voters.
There are major differences in the petitions.
Both petitions would permit smoking in casinos. The health group, however, wants the smoking banned where minors are prohibited in gaming clubs. Haney said that could mean that smoking would be barred in the hotel rooms.
Both petitions would allow smoking in taverns. The health groups propose, however, that smoking would be only allowed in bars where there is only incidental food service such as peanuts, popcorn, chips pretzels and other items that are not subject to health licensing.
Haney said she doesn't know of a tavern that doesn't serve food and this would bar smoking in all of them. Stagg said the rival petition would allow smoking in every bar even in the "mom and pop" taverns that may serve only beer and wine.
The coalition wants to give exclusive jurisdiction to the Nevada Legislature to regulate smoking. The health groups support local government having the authority to enact tougher no-smoking laws.
Haney said allowing local governments to regulate smoking would open a "hodge podge" of ordinances. Smoking might be permitted on one side of the street and barred on the other side. It would create an unfair advantage to businesses located in the smoking jurisdiction.
The health groups want smoking banned in malls, convenience stores and retail businesses.
Smoking in restaurants would be prohibited under the petition of the health advocates. Stagg said the plan by the coalition would allow smoking in a restaurant that serves liquor. At present restaurants that have 50 or more seats must offer a non-smoking section.
The two groups are in agreement to ban smoking in movie theaters, video arcades and government buildings and to permit smoking in strip clubs or brothels and retail tobacco stores.
They both would ban smoking on school campuses. But Stagg says the casino-bar coalition would remove the authority of school boards to make rules regarding tobacco use on campus.
Stagg said his group wants to give enforcement authority to local police officers and sheriffs who could issue a $100 citation for violation of the no-smoking rule.
Stagg's group, called the Nevada Tobacco Prevention Coalition, reported raising $137,382 in its campaign to secure signatures. The gaming-bars group did not file any report with the Secretary of State. Haney said she was advised by lawyers the group was not required to submit a campaign expense and contribution report.
Haney said Thursday its petition takes a "responsible approach" to protect children from second-hand smoke "without cutting off our life line." There are many tourists who come to Nevada who want to smoke, she said. And this petition is a "happy medium."
Haney said the plan is supported by casinos, liquor distributors, slot route operators, convenience stores, gas stations and the Nevada Tavern Owners Association.
Stagg calls the rival petition "sneaky" and "tricky" and would in some cases actually roll back the present law restricting smoking.
Stagg said his petition has the backing of the American Cancer Society, the American Heart Association and the American Lung Association.
County clerks must verify the signatures to make sure they are of registered voters. Nevada law required that there must be 10 percent of the voters in 13 of the 17 counties signing the petition.
A federal judge has ruled that requirement was unconstitutional and it is now on appeal to the U.S. 9th Circuit Court of Appeals. Haney said her coalition filed in all 17 counties to ensure the petition was valid.
If both petitions have the required signatures, they will be submitted to the 2005 Legislature for approval; if not approved by lawmakers they would go on the 2006 ballot.
Stagg said, "The reality is the Legislature may not want to be in the middle." If the Legislature avoids taking a side, Stagg said he was confident the voters would approve the one supported by the health groups.
archive
