A woman lit up a cigarette at the bar. Others were smoking and playing pool. A cook working the back grill at the Pub-n-Sub on Ralston called out a name. She placed an orange basket containing a grilled chicken sandwich on the counter.

โ€œWhatโ€™s going to happen with the smoking ban?โ€ I wondered out loud. It was Dec. 7, the eve of the day when Nevadaโ€™s own Indoor Clean Air Act was supposed to go into effect. I stood at the back of the off-campus bar, waiting to pay for a pizza. Honestly, I hadnโ€™t given the implications of Question 5, passed by voters in November, much thought.

โ€œWeโ€™ll enforce it,โ€ the girl behind the counter said. โ€œWe wonโ€™t have much choice.โ€

As it turned out, bars had a bit of a reprieve when Las Vegas business owners challenged the constitutionality of the law this month.

So here we go again. Voters who approved a public smoking ban are accused of trying to Californicate our fair laissez-faire state. More government nannying, thatโ€™s what the libertarian types have called a public smoking ban.

OK, so we voters wanted a few smoke-free public places. Less second-hand smoke is good for everyone.

The problem with Question 5 is that some of us didnโ€™t know what the hell we were voting for. The wording of the two smoking referendums was bafflingโ€”and the pro-versus-con arguments posted online only increased the confusion. Days before Election 2006, medical students marched across campus in white lab coats shouting, โ€œNo on 4, Yes on 5.โ€ The image stuck in my mindโ€”and thatโ€™s how I voted.

I hadnโ€™t considered exactly what the rules for the smoking ban might be. You can smoke in a bar with, what, more than 15 slot machinesโ€”or one that doesnโ€™t serve peanuts with its beer? Huh. What the heck is left? The gaming area at Harrahโ€™sโ€”but not its Sapphire Lounge?

The issue puts me in a conundrum.

I like the idea of smoke-free places. Should we the people be able to decide where people can and canโ€™t engage in a life-threatening activity? We accept government nannying all the timeโ€”speed limits and the banning of obscenities on radio and television come to mind. We ban some drugsโ€”marijuana and cocaineโ€”and not othersโ€”alcohol and caffeine.

I also like the idea of personal liberty coupled with responsibility. Thatโ€™s why teens should be taught how to protect themselves from unwanted pregnancies and sexually transmitted diseases. Thatโ€™s why Nevadans shouldnโ€™t be jailed for the possession of marijuana. And itโ€™s why small business owners shouldnโ€™t have to bear the brunt of a smoking ban that doesnโ€™t impact large casino corporations.

So I donโ€™t know how I feel about this new law. As the rules get (hopefully) clarified by the courts perhaps this week, I expect someone will concoct a list of bars where folks can drink and smoke. I hope my favorites remain on the listโ€”because I drink with a few people who like to smoke.

The day that the ban was supposed to go into effect, a friend and I decided to do a field study at the Flowing Tide in northwest Reno. Great bar. Yummy snacks. Posted on the door was a sign. Pending a judgeโ€™s decision, the smoking ban would not be enforced at the bar.

My friend considered this a plusโ€”that and the presence of glass butt-holders on the tables.

โ€œIf there are ashtrays, you can smoke,โ€ she said, lighting up a Marlboro Light 100. She smoked half the extra-long cigarette while sipping a glass of Chardonnay. Then she put it out and lit a new one.

She doesnโ€™t like to taste the heat.

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