Flamingo Paradise Gaming, LLC, et al. v. Chanos, et al.

Various business entities challenged the facial constitutionality of the Nevada Clean Indoor Air Act's regulations of smoking in most indoor public places, which mandated both civil and criminal penalties for violations of the regulations. The court affirmed the lower court's holding that the statute violated due process vagueness doctrine when considered as a criminal measure, finding that the statute failed to provide clear standards for enforcement. The court further affirmed that, as a civil measure severed from the criminal prohibitions, the statute comported with due process vagueness doctrine.  The court additionally held that the statute's differing treatment of establishments holding various types of gaming licenses did not violate equal protection standards and that neither the statute's smoking prohibition nor the statute's requirement that no-smoking signs be posted on private premises constituted an unconstitutional taking of property.


Flamingo Paradise Gaming, LLC, et al. v. Chanos, et al., 217 P.3d 546, Supreme Court of Nevada (2009).

  • United States
  • Sep 24, 2009
  • Supreme Court of Nevada



  • Cardivan Company
  • E-T-T, Inc.
  • Flamingo Paradise Gaming, LLC d/b/a Terrible's Hotel and Casino
  • Higco, Inc. d/b/a Three Angry Wives Pub
  • Market Gaming, Inc.
  • Nevada Tavern Owners Association


  • Bill Young, Sheriff of Las Vegas Metropolitan Police Department
  • Bradford Jerbic, City Attorney for the City of Las Vegas
  • Carie A. Torrence, City Attorney for the City of North Las Vegas
  • David Roger, Clark County District Attorney
  • Dr. Lawrence Sands, Chief Health Officer for the Southern Nevada Health District
  • George Chanos, Attorney General of the State of Nevada
  • Joseph K. Forti, Police Chief of the City of North Las Vegas
  • Karen Coyne, Chief City Marshal for the City of Las Vegas
  • Nevada Resort Association
  • Richard D. Perkins, Police Chief of the City of Henderson
  • Shauna Hughes, City Attorney for the City of Henderson

Legislation Cited

Nevada Clean Indoor Act

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product