Up in smoke

Wednesday, June 25, 2008 | 2:08 a.m.

Last time we checked, 54 percent was considered a voting majority. That was the percentage of support the Clean Indoor Air Act received when it was approved by Nevada voters in November 2006.

The initiative, based on a concept that is gaining popularity across the nation, bans smoking in such places as restaurants, bars that sell food, grocery and convenience stores, and schools.

We were disappointed when District Court Judge Douglas Herndon subsequently removed the criminal penalties from the initiative, which was backed by prominent health organizations such as the American Cancer Society. We are even more perturbed to learn that the will of the people is being ignored because the Southern Nevada Health District and local courts cannot find a way to issue even $100 civil penalties for violations, as permitted under the law.

As reported in the Las Vegas Sun last week by Mike Trask, the Health District received 4,022 complaints about indoor smoking over the past 18 months but issued no citations. Plenty of motorists would love it if Metro Police and the Nevada Highway Patrol stopped issuing speeding tickets, many of which cost more than $100. Somehow, the courts manage to process those citations. There is no excuse for not extending the same attention to violations of the anti-smoking act.

The Health District can use its existing inspection staff to perform spot checks of business establishments to make sure the law is being followed. Rotate the inspectors, if necessary. But do something. If the Health District and the courts cannot enforce a law that is intended to protect the public’s health, their priorities are misguided. Secondhand smoke is not a health hazard to be taken lightly. Ask those who have lost loved ones to lung cancer or heart failure. The Clean Indoor Air Act was not a frivolous exercise to test the power of the ballot initiative process. It represented a sincere effort to help people live longer lives.