Casa Fuente Fights off Ban

Michael Moretti
Posted: March 30, 2007

Casa Fuente's popular smoking patio will stay smoky for at least a while longer.

Due to the impending threat of the Nevada state smoking ban to close the patio for good, the Las Vegas store sued for an injunction and got it on Thursday when a Clark County District Court judge decided in Casa's favor.

"The judge agreed that the entire property was the cigar store," said Michael Frey, co-owner and proprietor of Casa Fuente. The patio and store sit inside the Caesars Forum Shops mall where, according to the law, no smoking is allowed, but the patio is also part of the store itself, where smoking is permitted. A temporary restraining order for the patio, allowing patrons to enjoy cigars there, was about to expire when the judged reviewed the lawsuit.

After hearing arguments from counsel, the judge granted a temporary injunction. The Southern Nevada Health District could appeal the decision, which would send the case to trial for further examination.

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