LOOKING IN ON: CARSON CITY

Tuesday, July 25, 2006 | 7:46 a.m.

Casino-bar group opposes ballot plan

CARSON CITY - The Nevada Supreme Court has suspended its rules to quickly handle an appeal on a proposed anti-smoking ballot measure opposed by casinos and bars.

Chief Justice Bob Rose has scheduled a special hearing on the proposal for Aug. 23, before the court starts its new term in September.

Attorneys for casinos, taverns and convenience stores have asked the court to keep the measure, supported by health groups, off the November ballot.

The American Cancer Society, the American Heart Association, the American Lung Association and the Nevada Tobacco Prevention collected 64,871 signatures on a petition in 2004 to limit smoking in various areas, including bars, taverns and some areas of casinos.

When the 2005 Legislature did not act on the petition, it automatically qualified for the ballot, where it will be joined by a rival plan backed by the gaming and tavern groups. If both measures ultimately appear on the ballot and both pass, the one with the highest vote total would prevail.

A gaming-bar organization filed suit in 2005 to keep the health petition off the ballot, but District Judge Bill Maddox ruled that voters should have a say on the matter. The gaming-bar group then appealed to the Supreme Court.

In a July 11 brief, Ariel Stern, a Las Vegas attorney who represents the gaming-bar group, argued that the health group deliberately misled the public by stating in its petition that bars, taverns and saloons would be exempt.

In fact, 96 percent of the 182 taverns belonging to the Nevada Tavern Owners Association would be affected by the ban, which also would prohibit smoking in motel and hotel rooms, Stern said.

The alternative gaming-bar proposal would ban smoking in restaurant dining areas, on school property, in hospitals, movie theaters, concert halls, government buildings, grocery stores and drug and convenience stores. It would permit smoking in casinos, bars, strip clubs, brothels, private residences - including hotel and motel rooms - and grocery or drugstores with nonrestricted gambling licenses authorizing them to operate more than 15 slot machines.

The proposal by the health coalition would permit smoking in bars with incidental food service such as peanuts, pretzels or other items not subject to health licensing.

The opening of the $38 million state mental hospital in Las Vegas has been delayed until Aug. 28.

The 190-bed hospital had been scheduled to open Monday. But equipment still is being moved from the present location at 6161 W. Charleston Blvd. to the new site at 1650 Community College Drive.

Carlos Brandenburg, administrator of the state Mental Health and Developmental Disabilities Division, said Gov. Kenny Guinn and former state Sens. Joe Neal, D-Las Vegas, and Ray Rawson, R-Las Vegas, will attend next month's opening. The governor named the hospital after the two former lawmakers.