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Up in smoke
Health District and courts must find way to enforce Nevada’s Clean Indoor Air Act
Wednesday, June 25, 2008 | 2:08 a.m.
Last time we checked, 54 percent was considered a voting majority. That was the percentage of support the Clean Indoor Air Act received when it was approved by Nevada voters in November 2006.
The initiative, based on a concept that is gaining popularity across the nation, bans smoking in such places as restaurants, bars that sell food, grocery and convenience stores, and schools.
We were disappointed when District Court Judge Douglas Herndon subsequently removed the criminal penalties from the initiative, which was backed by prominent health organizations such as the American Cancer Society. We are even more perturbed to learn that the will of the people is being ignored because the Southern Nevada Health District and local courts cannot find a way to issue even $100 civil penalties for violations, as permitted under the law.
As reported in the Las Vegas Sun last week by Mike Trask, the Health District received 4,022 complaints about indoor smoking over the past 18 months but issued no citations. Plenty of motorists would love it if Metro Police and the Nevada Highway Patrol stopped issuing speeding tickets, many of which cost more than $100. Somehow, the courts manage to process those citations. There is no excuse for not extending the same attention to violations of the anti-smoking act.
The Health District can use its existing inspection staff to perform spot checks of business establishments to make sure the law is being followed. Rotate the inspectors, if necessary. But do something. If the Health District and the courts cannot enforce a law that is intended to protect the public’s health, their priorities are misguided. Secondhand smoke is not a health hazard to be taken lightly. Ask those who have lost loved ones to lung cancer or heart failure. The Clean Indoor Air Act was not a frivolous exercise to test the power of the ballot initiative process. It represented a sincere effort to help people live longer lives.
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I don't feel the biggest problem in this ill thought out law is with processing the citations.
I'd rather have our Police Officers on the street dealing with violent crime. The Health District is stuck with it (they were one of the most vocal supporters of the Law by the way). It has now come home to roost with them.
Let's just hypothetically say that Health Inspector Ziggy enters the suspect establishment,see's a person or persons violating the Law and approaches.
What happens then?
I suspect that it may go like this:
Ziggy- "Excuse me , but you are in violation of the Clark County Health Code, I have no choice but to issue a citation".
Customer- "OK, you caught me"
Ziggy- While writing out the Citation , "Can I see some identification?"
Customer- While lighting up another cigarette,
"No, I don't have it with me. My name is Michael
Mouse".I don't have to show you anything, you're not a cop!"
What happens then? This is putting all involved
in a situation that could escalate rapidly into a violent confrontation.
The Health Distict is stuck with a Law that cannot be reasonably enforced. The issue needs to be revisited via the Legislature.
Till then, it would seem that the District is doing just what it has done in the past with other issues, ignore them. They did not think that they would be the ones to enforce it.
78 % of the public are non-smokers. Of the 22% that are left, half would like to quit. Why do we encourage people to smoke? By disregarding a law, we encourage other laws to be broken as well. Why don't our representatives in our state government back up the will of the people?
I'm so happy that you wrote this article. By the way, I knew exactly what i was voting for. I don't know how to resolve this issue as the Health Dept only works during the day and seems to be way understaffed. But you're right, if they start issuing citations that will at least bring things to the forefront, and maybe, just maybe, our legislators will follow the will of the people.
And maybe, just maybe, all the casinos will be non-smoking someday or at least have non-smoking sections.