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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.

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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

Parties

Plaintiff

  • 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

Defendant

  • 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

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Right to Equal Protection
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
Right to Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
Right to Property
A violation of property rights, sometimes in the form of an expropriation or a taking by the government. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks.
Criminal Violation
A claim of an infringement of any criminal law.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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