This just in: late Friday afternoon, the Nevada Resort Association filed a motion to intervene in the lawsuit brought by bars and slot route operators challenging the constitutionality of the Nevada Clean Indoor Air Act. And the big boys are throwing their weight behind the enforcers to make sure the courts uphold the constitutionality of the initiative.

In essence, the NRA says it needs to defend itself against the bars’ claim that hotel and motel rooms, as non-gaming areas of resorts, are covered by the law. (That’s one of the things that’s been tossed in by the plaintiffs to show the uncertainty and vagueness on how it’s going to be enforced.)

They’re also upset about the equal protection claim. How dare the restricted (15 machines or less) gaming guys pretend they have some constitutional equality with the unrestricted (casino) gaming guys? Sounds like a little touch of table game-ism, doesn’t it? 

That’s what it really amounts too. I’ve already written in Business Press why the equal protection argument ought to be the key to the case. If smokers are disproportionately gamblers and gamblers want to smoke, then those who can’t smoke will be heading to the nearest locals joint, even if it’s a longer drive and less friendly atmosphere. And that pretty much proves they’re operating in the same market and deserve equal protection.

That they’re jumping in now will only give credence to the rumors that Question 5 was really inspired by the casinos to kill off the small, local operators.

Click here, it you want to read the Nevada Resort Association’s application.