A lawsuit was filed in Clark County District Court on Tuesday, June 12 seeking an injunction against a ballot initiative petition that would outlaw smoking in casinos, private apartments and townhomes, and other outdoor areas in Mesquite.
The plaintiffs in the Complaint include Mesquite Gaming LLC, Rancho Mesquite Casino Inc., and six individuals, all of whom list Mesquite as their home. The defendants include the Mesquite Citizens’ Initiative for Clean Indoor Air, Mesquite City Council and City Clerk, and the Clark County Registrar of Voters.
A second document “Plaintiffs’ Memorandum (Memo) of Points and Authorities in Support of Complaint for Declaratory and Injunctive Relief” was also filed in the same court that further spells out the deficiencies in the Initiative for Clean Indoor Air petition.
The Complaint “challenges the initiative petition identified by the title Mesquite Citizens’ Clean Indoor Air Initiative or Mesquite Clean Indoor Air Ordinance petition. The Petition is legally invalid because its mandatory Description of Effect is defective as it is incomplete and misleading. Plaintiffs respectfully request that this Court grant declaratory relief and rule that the Petition is invalid.”
“The Petition presents a surreptitious attempt to lure Mesquite’s voting public into passing an initiative that is both constitutionally and statutorily invalid,” according to the Memo. It also says that “Pre-circulation challenges to initiatives are warranted under circumstances in which the initiative’s description of effect fails to fully and accurately disclose the initiative’s nature, effect, purpose and consequences.”
According to the Memo, “This basic and fundamental requirement – that a petition truthfully and fully inform voters of the nature and effect of what it proposes – is critical to ensuring ‘the people’s right to meaningfully engage in the initiative process.’”
The plaintiffs are requesting the court issue an injunction that prevents the Mesquite City Clerk and Council from verifying the number of signatures on the Petition, authenticating the validity of the petition and the County Voter Registrar from ultimately placing the initiative on the November general election ballot.
The Complaint charges that while the petition meets Nevada law requirements that it describe the effect of the initiative in 200 words or less, the “Description of Effect at issue in this case is materially misleading and materially fails to identify the consequences of the Petition’s passage in multiple ways.”
The Complaint says that while the title of the petition says, “Mesquite Clean Indoor Air Ordinance,” it addresses smoking indoors and outdoors. The plaintiffs charge that “the Description of Effect fails to identify all the types of smoking” and fails to identify “that the Petition only freely allows smoking in a privately owned single family home and outdoors, with significant limitations.”
Addressing the petition language that goes beyond banning smoking inside casinos, the Complaint says “the Description of Effect fails to identify that the proposed ordinance also seeks to prohibit smoking inside private residences located in a multi-unit housing facility.”
The Memo reinforces this point saying “For example, this Petition would prohibit a person who lives in an apartment or townhome from smoking a cigarette in or outside of their home. By any measure, this is not an insignificant effect of this Petition. It seems inconceivable that a person who lives in an apartment or townhome is provided no notice of the real and actual effect this Petition would have on the day to day lives of these people if passed.”
“The Description of Effect also fails to highlight the potential negative economic impacts of the Petition, both on the local government and on the public in general. The City will incur significan additional expenses in implementing, policing, and enforcing the proposed Ordinance. Not only is there no reliable means for collecting money to cover these expenditures, there is actually a real potential for loss of tax revenue as a result of decreased patronage at local businesses,” the Memo says.
The Petition “also fails to make clear that there is a mandatory duty to report others’ violations and legal sanctions for failing to do so,” according to the Complaint.
Language in the Memo spells out that “the Petition imposes significant penalties (including revocation of business licenses) for those who fail to report another’s violation of the indoor-outdoor private residence public and private places smoking ban. It is difficult to imagine a more significant effect that the Petition could have on a potential signer. particularly since the Petition imposes a mandatory duty to report violations.”
According to the Memo, “Instead of putting to use the 200 word limitation, the Committee instead chose to write a public policy argument about the dangers of second hand smoke. They do not even bother attempting to describe how the policy relates to the provisions of the proposed Ordinance. They offer no explanation of current law and how this Petition will change the law, nor do they attempt to inform a potential signer that, for example, their support of this Petition will mean that they can no longer smoke in their apartment, or that they will be subject to a penalty if they fail to report a violation.”
The Complaint includes a copy of a State of Nevada Committee Registration Form filed with the Secretary of State on June 1 by the Mesquite Citizens’ Initiative for Clean Indoor Air even though the committee has been collecting signatures for months prior to the filing. The official registration form was signed and filed by Christine Picior on that date.
The committee also acted in an official capacity in April when it submitted the petition to the Mesquite City Clerk even though it had not been properly registered with the state. The political action committee has not filed any contribution and expense reports with the Secretary of State which are due by January 1 of each year. Primarily, that makes it impossible to determine where contributions funding the considerable expenses of the committee come from.
I knew this was coming. I was at last nights council meeting and I saw you and Dave Ballweg conniving as usual. So much for the rights of the people to petition their government. What next, are the sleazy casino people going to start breaking legs and dumping bodies in the desert? Mesquite made a huge mistake years ago and our town shows it. Mesquite Blvd. is a dump and legitimate businesses are not coming here. The casinos are a negative in my humble opinion. You should be ashamed of yourself Barbara. No wonder you and Greg Lee seemed so buddy buddy leaving the meeting. Disgusting!
Mr. Petrillo,
We will no longer post any comments from you that contain personal attacks on a person’s character.
Comments must focus on the merits of the article or subject. Any comments that contain insults to a group or person’s character or actions will not be approved.
As a reminder: The MLN policy states: The MLN staff reserves the right not to publish comments that contain inappropriate language, insults and name calling.
Thank you,
Barbara Ellestad
Then why did you publish my comment? I guess comments against the smoking ban are OK. Did you read the comment below from Mr Graham? Talk about attacking and using profane language.
I SHOULDN’T have approved it, but regardless, the statement came from Barb which is why it says, “Thank you, Barb Ellestad” I will be more careful in the future about approving comments…it was my mistake.
You, sir, have a major chip on your shoulder.
Rights of the people? Did you even read this article? Or the lawsuit papers served? Boy you like to call out everyone in this town except you and your Goonies for trying to impose what you think is “right.” Seems like YOU made the mistake of moving to this great city “years ago.” YOU are a constant negative, in my humble opinion. If anyone should have shame, it’s you and those trying to force this asinine proposal… excuse me, invalid asinine proposal.
Pick up another hobby, David. One is legal and valid. This is a small town, everyone is “buddy-buddy.” You choose to see certain individuals with your conspiracy eyes. Move along.. this initiative is over.
First of all….we are in NEVADA ! That includes all of the businesses and lifestyles we ALL enjoy by living here. If anyone doesn’t like Nevada and all of what it consists of…..You may move… Second, The gaming industry was a major part of the building of Nevada. The Gaming industry is a major or possibly the core of Mesquites being a town or small city. The direct relationship that keeps the wheels of business turning is based on Gaming. The Millions of dollars that go into and out of ( Wages ) gaming , house, feed , pay the bills , of everyone in this town because of how money is connected to all of the business in Mesquite starting with gaming.
Let me get this straight, the gentlemen have filed a petition for the court to halt a illegal petition and they are called sleazy. You make a personal attack instead of addressing their issues. That is not only unneighborly but intended to stop discussion.
You may petition all you want, but it must be honest and fully inform the citizenry. And I hope I never see you in the casinos since you think those involved with them are sleazy.
What a bunch of sleazeballs, those who represent the so-called “Mesquite Citizens’ Initiative for Clean Indoor Air.” I hope this lawsuit drains these individuals into bankruptcy… that’s where the Casinos would have been headed if this dictatorship initiative would have passed. The City Council/City Clerk was giving everyone their right to vote. Now they are caught up in this mess.
Let’s make ourselves a sandwich with all this bologna!
David P. Why on earth did you move to our town? All we’ve heard is horrible comments from you about the casinos and Barb and now Greg Lee? Mr. Lee and his family have been a blessing to this community and just look at how he treats his wonderful employees giving them his casino to make it employee owned. Please pack your bags and go to St. George Utah if you like it so much! You won’t be missed. And good job Teri by the way for addressing this man.
If Greg Lee is such a great guy, he should provide a cancer free environment for his customers and employees.
Greg Lee does provide a cancer free environment for his employees and customers at the Rising Star. The employees own the Eureka, not Greg Lee and the employee/owners work in the environment they choose to work in. You’re making the mistake of still thinking he makes the decisions for employees at the Eureka but the employees actually make their own decisions.
I beg to differ. Greg Lee is still the Chairman and CEO of the Eureka Casino Resort, Andre Carrier is the President and CEO of the Eureka casino, and Frank Toddre is the General Manager of the Eureka casino. I don’t think the employees have much to say about business operations.
Rita, not sure you understand how business works. Shareholders elect a Board of Directors, then the Board hires officers. The shareholders are the owners of the company, in this case they are the employees. If the employees do not like decisions being made by the Board they can replace them.
Jeff, I don’t believe you are naive enough to think that the Lee family gave up its control over the business decisions of the Eureka simply because the employees were given the opportunity to have an ownership stake in the company. The Lee family still retains a major financial interest in the company and continues to manage the casino. The ESOP acts as a retirement plan for the employees.
I second that, Lisa–
I was approached by at least 5 individuals at the new library Grand Opening wanting me to sign this petition. Not once did any of you mention the impact that it would have on individuals smoking inside or even outside of their own homes. You have no right to do this especially without full disclosure. There are laws already in effect that limit where you can smoke in public and that should be enough. I am not a smoker, never have been, never will be but I do not feel that it is my moral obligation to infringe my beliefs on others. I do work in a casino and I have the right to choose whether I walk into that door or not. I knew when I took this job that I would be in an area that was going to be smoked in. No one twisted my arm or bent the truth about it. There are departments within these properties that are not inside of the casino so those are the positions that one would apply for if bothered by smoke. I am much more bothered by strong colognes and perfumes than I am with cigarette smoke. Maybe I should start a petition!
All the legal stuff aside, the idea that a few people want to take away rights of businesses and people is downright wrong ! NO ONE , I mean No ONE has to go into any casino ! ! ! Yes, There is not one reason anyone is forced to go into any casino ! And the idea of restricting personal freedoms in your own home is downright against being an American ! Then make everyone be a tattle tail ? Now that is not even thinkable in the modern world. One last , very big question , No one has answered…. Who is paying for all the ads ! That is the big question everyone needs to know….So staff of MLN….Who is paying for the ads ? It better not be PSA’s…. We all await your answer. You can tell us , there isn’t any law or agreement that prevents you from telling us. You are not protecting a source …So tell us….
Mr. Williams,
Perhaps you didn’t read the last sentence of the article that says, “The political action committee has not filed any contribution and expense reports with the Secretary of State which are due by January 1 of each year. Primarily, that makes it impossible to determine where contributions funding the considerable expenses of the committee come from.”
I am not “protecting a source.” When I have documented facts that explicitly tell where the group’s money is coming from and how it’s being spent I most certainly will write an article and let the public know. Until then, I don’t have any documents or facts from which to write. I don’t write based on speculation, rumor, or unsubstantiated statements.
I strongly encourage the Clean Air PAC to make an official report to the Nevada Secretary of State as soon as possible to let the public know. That will go a long way towards more transparency from this group.
Thank you,
Barbara Ellestad
Reporter, MLN
Thank you for your comment. So the PAC pays for the ads from a “Checking/Bank ” account set up as the PAC ? If so, I understand that we (at this time) cannot trace the monies to anyone right now. It will be interesting when we do find out ,where the funding is coming from…
I am very happy that Mr. Petrillo has been cautioned about name calling and insulting people. Talk the issues Mr. Petrillo. We already know you do not like the casinos, our elected officials, or much else in Mesquite.
As for me, I believe the casinos are very important to this community. The reasons are very clear and they are certainly essential for a healthy economy in Mesquite. Our elected officials have tough decisions to make and as far as I’m concerned they do their job very well. I am certain they do not end their day thinking of ways to piss people off!!! They have no mal-intent. Do I always agree with them? No, but I do respect them. Insulting others is not an effective way to get anywhere in any kind of communication.
Stick to the issues please!!!!
The Lee family has done so much for our town, from Mesquite Reads, the Eureka Community Foundation to cleaning up an old casino and making it into a family friendly sports destination that helps support our local businesses. Perhaps Mr. Petrillo if you had done those things Barbara might have been “buddy buddy” with you.
One way to stop all of this crap is PUT IT ON THE BALLOT. Casino owners if you think you have a case to continue to have smoking in your casinos then you shouldn’t be afraid of putting it on the ballot. WHAT ARE YOU AFRAID OF?
Are you forgetting that the employees of the Eureka are the owners?
You are asking the casinos to throw out at forty percent of their customers. Can you survive on forty percent less of your income! Your request is unreasonable and lacks common sense. And your tone is so mean spirited no one should have anything to do with you. My husband and I fell in love with this community because of of their kindness and thoughtfulness. I wish you could see the good and quit harassing the business owners.
I moved from the nanny state that is Utah to Mesquite after planning to retire here for many years. When Utah passed it’s non – smoking laws, employees and patrons had to go outside to light up. Many small bars and restaurants closed. Is that what these people want for our beautiful town? If you don’t like smoke, don’t go to that establishment. It’s a simple choice. Leave the rest of us alone to live as we choose. Have any of these people given any thought to how their property and personal taxes will go up to cover the lost tourist trade or are they just so full of righteous indignation they don’t care? I thought I had left the nanny state behind. I’m hoping I made the right choice.
P.s. how do I join the lawsuit protesting this nonsense?
You all must be ashamed of yourselves. So worried about pollution and having clean air???? Your all joking right. Let me tell you something, look around, open your eyes. Cigarettes are not the cause here. There are thousands of man made objects that are poluting our earth. Man is the problem. Mesquite doesn’t even recycle. U have one recycle bin at smiths. I see trash all over the ground here. I see hundreds of cars driving around. Smoking ban???? Why the he’ll did u make marijuana legal here. Dude its a drug. Your Going to have all these young kids thinking it’s ok to do drugs. Yeah this makes no sence. Do u know what coca cola does to a body??? Ive seen it take rust off of cars. Why arnt u banning soda. Everything that is man made is bad for u and people know it but they choose to put it in there bodies. Tourists will keep driving by and not stop in mesquite. People will loose jobs . Cause there won’t be money coming in. People will move to finds jobs elsewhere. Business will be shut down and. Mesquite will be nothing. There is a bigger problem here. It’s man. Take a look at yourself.. And think hard when was the last time you actually recycled something or ate or used organic items for your body. A lot of people don’t. I find this all very hypocritical.
There will be a time to debate this ballot initiative pro and con. Right now that is premature.
Currently the issue is whether citizens have a right to vote on this issue. What the free press and voters should find abhorrent is the blatant attempt by the casinos to deprive citizens that right which is guaranteed by the Nevada State Constitution. If you oppose the initiative it is your right to vote NO. But trying to prevent it from being put on the ballot for a vote should disturb every citizen. I’m ashamed at the support for stifling the democratic process and appalled that the media and city government aren’t crying foul. The mayor and city council have been encouraging this being put to a vote for years. What are the casinos afraid of? I’ll tell – they’re afraid of losing.
They are demanding you do honestly and by the rules and you are not. I saw this kind of abuse and dishonesty in California! It was my money on the line at my restaurant. When no smoking went in we lost thirty-five percent of our business. It did us ion.
We were smokers but we had separate smoking and non-smoking rooms with separate air and filtration systems. Our employees had a choice of which area they worked in. All the money and accommodations did no good and we had built it that way seven years before that law went in!
Your behavior has been one sided . There is more than one way to address this issue. There is a beautiful casino named Red Hawk in Shingle Springs, California with separate floors for smoking and non smoking areas and you don’t need to enter a smoking area to use a bathroom or go to the restaurant . Please open your mind.
NOTE: The comment below was given to me to post on this forum by an individual who does not have a computer and could not post himself. These are not my comments. Barb Ellestad, MLN
This is pretty typical of the Little Blue Shirt People. Take the high ground on health and welfare of the employees, supposedly doing what’s best for “the citizens of Mesquite” (I can actually speak for myself with out their help thank you) and then completely disrespecting the industry, operators and employees of the businesses that made Mesquite what it is.
Mr. Petrillo’s comments were so rude and disrespectful to them and the citizens of Mesquite. He used the term “sleazy” referring to Mesquite’s gaming operators. Mr. Petrillo is now calling Greg Lee and Mesquite Gaming sleazy. I can’t think of another person who does more for Mesquite than Mr. Lee and his organization. It speaks directly to the absolute disdain for any opponent of their misguided cause irrespective of how harmful their initiative could be to business.
Rather than address the lawsuit, which this article was about, he chose to ignore those important issues and just slime the messenger and the opponents to his initiative. There were plenty of allegations in the lawsuit that he could have clarified or rebutted but it was easier to just try to minimize his opponents. My take away, the allegations must be true.
Who cares who talks to whom after a meeting? All of the Blue Shirts were yapping with each other and others. But that’s ok I guess. It’s only a problem if someone is in disagreement with their ridiculous position. I will wager that not one of these people have a dime invested in any business in Mesquite.
These people are not risking anything by doing this initiative. They will simply assign the risk to Mesquite’s business community and let them lose their very sizable investment to the detriment of the business owners themselves, investors, employees and all of Mesquite’s citizens.
A judge will hear the initiatives’ merits and a ruling will be made. Mr. Petrillo should be convincing “the Citizens” as to why his position has merits and dissecting the lawsuit’s allegations. But nope. Just slime. These people have been disingenuous, sanctimonious, and outright misleading (translate to LIARS) throughout this process. I am hopeful that the citizens of Mesquite are wise enough to see through this over reaching, misguided and harmful initiative.
Bob Turner
Mesquite, NV
I call any business sleazy when they take your money under the guise of gambling. Have you looked at the monthly Gaming Board reports? The local casinos program their slots so that they only pay back 94 cents on the dollar. In other words, the casino can never lose. It is even worse on the table games. The only pure gambling in the casinos are poker and the sports book. All others games guarantee money in the pockets of the owners. That is why I consider casinos sleazy.
As for my earlier comments, I apologize for the tone of my remarks. I was at the council meeting and at no time did anyone mention that a lawsuit had been filed earlier in the day. Greg Lee got up and spoke knowing full well that he was on the lawsuit yet he said nothing. Ms. Ellestad and Mr. Ballweg appeared that they knew about the lawsuit as they tried to get the city attorney to weigh in on the legitimacy of the petition. Also, none of the casino executives took the time to explain how they came up with their economic impact amounts. The parties to the lawsuit should have had informed the council and the spectators that an injunction was filed. I guess they lack common manners. That is why I was furious. This is another example of the big guys having all the power. I always cheer for the underdogs.
I do not know anyone on the Committee and have nothing to do with them. However, I do support their right to have their petition on the ballot. Let the people decide. To those people who say that a private business should be free to make their own rules. We fought a war 150 years ago in order to tell privates businesses that they could not use slave labor. Again, let the people decide the issue. What at you afraid of?
First off, why on earth did Mr. Partillo move to Nevada and specifically Mesquite? Is he so clueless that the he moved here without having any idea casinos existed?
Mr. Petrillo apparently believes any business is sleazy, not just casinos. Does he really think that restaurants, any retail store or any business for that matter actually charge the customer exactly what the cost of their product is? He has obviously never owned a business. There has to be a margin. They actually have to pay wages, food or product costs, utilities, health insurance, lease/mortgage, insurance and a whole lot more.
Do casinos live in some parallel universe where every dollar of win is free and clear profit? Where all employees work for nothing? Where owners who bear the risk want no profit? Where the cost of the property itself magically appeared in the owners’ portfolio? Where there are no legal claims, no insurance requirements, where utilities are free, where the property repairs itself, where hotel rooms and casino floor update and renovate themselves? Why on earth would anyone invest in a casino (or any other business) if the is no win? Who pays for the millions, and in some cases billions, for the property if there is no win? You can choose not to go but don’t say people that do don’t know that they are on the wrong side of the odds. That’s why it’s called gambling.
The City is not trying to stop the initiative. We are complying with state law. Period. Business owners who truly believe that this initiative will hurt or kill their business filed the lawsuit. It happens all the time. That’s called asset protection. Particularly where the initiative proponents have been dishonest and misleading. Not one single person, including you, has actually spoken to the merits, or lack thereof, of the lawsuit itself. Apparently it doesn’t matter if it actually is a dishonest and deceptive initiative to you and it’s ok to dupe the general public. That’s the only logical takeaway here. You don’t care about honesty and you hate business in general.
George Rapson, Mesquite citizen
I stand by my comment that casinos are a sleazy business. Other than the tobacco industry, and the war industry, I can think of no other industry that is responsible for more bankruptcies, divorces, and suicides. Only an idiot can not make money opening a casino. Look at Sheldon Adelson and Steve Wynn. They are rolling in money just by getting the banks to loan them money, build a big building, and putting in lots of slots and table games. The only non sleazy part of their businesses are the shows, restaurants, stores, spas, and other non gaming areas. Even the clientele is finally realizing that gaming is a poor entertainment source as the Vegas casinos take in more revenue from non gaming sources. We would be better off if we had brothels in Mesquite. At least you are getting what you paid for.
Our local casinos have much more important things to worry about than the smoking initiative, which is now dead. What are we going to do in the next recession? What are we going to do if Utah comes to its senses and allows casinos? Either one will kill our local casinos. If that happens, we can turn them into concentration camps for the illegals. The kids can stay at the Rising Star.
I love Mesquite. I am never moving no matter what happens to our casinos. Fortunately I am retired and have saved enough money over the years, partly by not throwing it away at a casino, to enable my wife and I to travel 50% of the time. I have nothing against legitimate businesses making an honest profit. (Costco makes a huge profit from me)
I am also frustrated by the lack of any meaningful expansion of our local businesses. I moved here 5 years ago and have not seen any meaningful expansion of jobs. In my opinion, the casinos are not helping us attract new businesses to Mesquite. I believe that they are a negative. We need to get the city moving in a different direction. Hopefully, we will have three new council members after the November election.. The current ones, you included, have done next to nothing.
Mr. Petrillo I beg to differ.
The definition of gamble is risk. People that visit casino’s know this cause they have won and lost.
gam·ble
1. play games of chance for money; bet.
2. take risky action in the hope of a desired result.
Is Walmart, Smith’s, or any other business really any different when they mark up their prices to pay for keeping the place open for you and me? But at the Casino you may get lucky. BTW, I wish it was only 85 cents on the dollar cause I need a raise.
Secondly Mr. Lee has no obligation to announce a lawsuit at a city counsel meeting and was probably advised by counsel not to do so.
Next Mr. Lee furnished an impact study to the Mayor and City Counsel on June 6 2018 by an outside research firm called Applied Analysis. If your City Employee’s didn’t share that with you it’s not on Mr. Lee.
And how does the slavery thing keep coming up. I mean REALLY SLAVERY on a smoking issue?
Come on Dave…. Live and let Live
David Petrillo, I beg of you, please move out of Nevada. You have absolutely no idea of how gaming works. You say that table games make more than slot machines, this is simply not true. A good blackjack player can tip the scales in his favor and on occasion, come out ahead. This is why table are quickly becoming a thing of the past in casinos. A single slot machine can make more money than a table game and requires less employees to run and supervise it.
This however is a mute point. I am simply showing you that you are completely off base when it comes to your views on casinos. You say that your wife and yourself have enough expendable income to travel 50% of the time. That’s wonderful. Some people, like you, love to travel. Some prefer to spend their expendable income on fancy or collectible cars, some on boats or off road vehicles. Some on elective surgery, their children’s education or whatever suits their fancy.
However. some choose to spend it on gaming. They don’t want to spend $40 on a movie, or even more for dinner and a movie. They don’t care to spend $100’s on professional sporting events. They choose to spend their flex cash on gaming. And sir, that is their choice.
We all know when we choose to gamble that there is an inherent risk involved and that the odds are that we will lose. That’s ok, as long as you have a handle on how much you can afford to lose. I have been gambling in casinos all over Nevada for 44 years and it has yet to make me a degenerate gambler, an alcoholic, get divorced or file bankruptcy.
Let me ask you a question Mr. Petrillo. when is the last time you or your wife have went on vacation and came home with more money than you left with? Gamblers do win sometimes, or at least have a chance to. Personally I play blackjack and video poker. I have won many $1000 royal flushes over the years. A few years back I won $5000 in a blackjack tournament at the Eureka off of a free entry they gave me for being a regular player.
So when you talk about casinos being “sleazy”, remember you are talking about most of the citizens of not only Mesquite, but the entire state of Nevada. From what I have read, your comments have made you more that a few enemies here. So sir, I have to ask you again, would you please pack up your very closed mind and move the hell out of Nevada?