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The Nevada Clean Indoor Air Act April 12, 2007 A District Court judge has granted an injunction preventing the Southern Nevada Health District from enforcing the Nevada Clean Indoor Air Act against a local tobacco store. Casa Fuente is a retail tobacco store located in the Forum Shops mall. The Nevada Clean Indoor Air Act prohibits smoking tobacco in any form in malls but does not prohibit smoking in retail tobacco stores. Casa Fuente promotes the smoking of tobacco in a roped off area in front of its enclosed store which it calls a “patio” and which it leases from the landlord for such use. The health district was sued by Casa Fuente after the health district attempted to enforce the Act prohibiting smoking in the mall. The health district asserts the “patio” is inside the mall and, therefore, is an area where smoking is prohibited, as opposed to in the retail tobacco store. Casa Fuente asserts the “patio” is part of its leased retail tobacco store and, therefore, not subject to the Act. Without providing findings or explanation, District Court Judge Jessie Walsh granted Casa Fuente’s Motion for Preliminary Injunction which prohibits enforcement of the Act by the health district against Casa Fuente during the pendency of the Casa Fuente lawsuit to have the Court declare the “patio” in the mall as within the retail tobacco store exemption to the smoking prohibition of the Act. A trial date has not yet been set.
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