A judge says she'll order a Las Vegas tavern owner to remove ash trays and matchbooks from the bar while she hears a lawsuit by health officials who contend he is defying Nevada's voter-approved smoking ban.
But Clark County District Court Judge Valerie Adair says the written order she intends to issue by Thursday) WON'T require employees at Bilbo's Bar and Grill to confront people and stop them from smoking.
A lawyer for Bilbo's argued Wednesday that the Nevada Clean Indoor Air Act that passed last November is confusing, vague and unconstitutionally flawed.
He says ash tray and matches don't hurt anyone. But he says Bilbo's will remove them once the judge issues her ruling.
A lawyer for the Southern Nevada Health District calls it "common sense" that forcing bars to get rid of ash trays and matches will help reduce second-hand smoke.
That's what he says the law is all about.
The health district wants to fine Bilbo's 100 dollars for each of two smokers observed smoking in the bar on April 12th -- and to force it to comply with the law.
(Copyright 2007 by The Associated Press. All Rights Reserved.)