August 20, 2014
A Nevada judge says he'll decide Wednesday whether to enact a smoking ban approved by voters in November or set a hearing to decide its constitutionality.
Clark County District Court Judge Douglas Herndon says he needs time to sift through documents submitted today and to go over his notes on arguments made for and against the measure.
The judge imposed a restraining order December seventh preventing the Clean Indoor Air Act from being enforced in Clark County.
That sent ripples around the state where officials say they're watching to see what happens in Las Vegas.
Lawyers for the state attorney general's office and Southern Nevada Health District say it's clear voters statewide want to limit smoking indoors to prevent children, adults and workers from having to breathe second-hand smoke.
But a trio of lawyers representing more than 220 businesses say
customers will leave and jobs will be lost.
They also submitted affidavits from top southern Nevada law enforcement officials saying the law's so vague and so flawed as to
be completely unenforceable.
They say the judge should let the state Legislature write a law that could pass constitutional muster.
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