Lawsuit Filed Challenging Constitutionality of Question 5

The following news release was issued Tuesday, Dec. 6th.

A diverse group of businesses filed a lawsuit in State District Court today challenging the constitutionality of Question 5, the "Nevada Clean Indoor Air Act" ("NCIAA") sponsored by the Nevada Tobacco Prevention Coalition.  The lawsuit seeks a restraining order and preliminary injunction to prevent the implementation of Question 5, which is scheduled to go into effect on Friday, December 8.    

The complaint alleges that the statue violates sections of the Nevada Constitution and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.  Alleged violations cited in the lawsuit include the claim that the NCIAA is impermissibly vague in several areas, including specifically where the Act would prohibit smoking and that the Act violates equal protection principals by discriminating against similarly situated businesses.

The plaintiffs include the Becker Gaming Group, owner of the Lodge bar group, Village Pub, Terrible Herbst, Ellis Island and other bar/tavern owners and slot route operators.  The group is represented by a team of lawyers including the Jones Vargas law firm, Campbell and Williams, and Ronald J. Rotunda, Professor of Law at George Mason University School of Law, who are requesting the court rule Question 5 unconstitutional and void on its face before their client's, the Plaintiffs, suffer irreparable harm.


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