Las Vegas tavern challenges state smoking regulations

By Cy Ryan

Monday, May 2, 2011 | 4:35 p.m.

CARSON CITY – A Las Vegas tavern is challenging a rule that ashtrays and matchbooks must be removed from non-smoking areas.

Robert Peccole, attorney for Bilbo’s Bar & Grill, where his son is a partner, said those items are for advertising and restricting them would be a violation of commercial free speech.

But Terry Coffing, attorney for the Southern Nevada Health District, told the Nevada Supreme Court on Monday that placing ashtrays and matchbooks encourages patrons to smoke.

Coffing said after the regulation was adopted, there were three or four casinos that refused to obey the no-smoking directive. But Bilbo’s refused to comply and “they asked for a lawsuit and they got it.”

Voters in 2006 approved the Nevada Clean Indoor Air Act to prohibit smoking in certain businesses. District Judge Valerie Adair sided with the health district and Health Officer Dr. Lawrence Sands.

Coffing said employees of the tavern-casino had a duty to tell the customers they couldn't smoke, but Peccole told the court it was the duty of the health district to enforce the law. He noted the health district has never taken action against a smoker who violated the regulations.

Justice James Hardesty said Clean Air Act advocates never said anything about barring matchbooks. Peccole said the business goes through several cases of ashtrays as customers take them as souvenirs.

Justice Michael Cherry said that if he went into a business with ashtrays and matchbooks, he would think it might allow smoking. Peccole said the business obeys the law by posting a “no smoking” sign.

The seven justices, none of whom smoke, took the arguments under submission and will rule later.