In the first court action on the issue, Scott County Judge Jerome Abrams ordered a temporary injunction against a Elko New Market bar that was allowing smoking as part of an ongoing "theatrical performance' dubbed "An Unconstitutional Ban." Smoking must cease at the Bullseye Salooon until a trial is scheduled and a permanent decision is made. The state department of health sought the injunction, claiming Bullseye didn't fit the theatrical performance exemption under state law, which now bans smoking in bars and restaurants.

Judge's ruling is attached below.

Previous articles: Bar smoking arguments go to Scott County judge and Rally Saturday for bar testing ban's 'theater exemption'.