"Most businesses are complying," Southern Nevada Health District lawyer Stephen Minagil said as he blamed the corporate owner of Bilbo's Bar and Grill for not abiding by the smoking ban that was approved by voters in November and upheld by a judge in January.

"This is really the recalcitrant business owner who says, 'No, I won't,"' Minagil said.

Minagil said the district wants a Clark County District Court judge to fine Bilbo's owner, Three B's Inc., at least $200 — or $100 for each of two smokers observed smoking in the bar April 12. The health district also asks that the business be ordered to comply with the Nevada Clean Indoor Air Act, which prohibits smoking in nearly all public places, including restaurants and bars that serve food. Casino floors are exempt.

In April, the state of Hawai'i was cleared of a challenge by a group of bar owners who contend the ban on smoking in restaurants and bars is unconstitutional.

The judge, however, ruled that the Hawaii Bar Owners Association, which argued that the law violates the Constitution because it's too vague. can refile the challenge later.

Lawyer Robert Peccole, representing Three B's and Bilbo's, welcomed the chance to challenge what he called a confusing, vague and unconstitutionally flawed law — as well as the chance to tell the government to keep its nose out of the bar business.

He said the neighborhood tavern about eight miles west of the Las Vegas strip posted "no smoking" signs but balked at removing ash trays.

"The ash trays were left out so we could get a court test," Peccole told The Associated Press. "I'm born and raised here. I don't like that someone can come in and tell you how to operate your business — who can smoke, and who can't smoke."

Peccole said the ash trays bear advertising and represent a protected form of commercial speech. He called the order to remove them a violation of Bilbo's First Amendment rights.

The lawsuit alleging "willful disobedience" is the first legal action taken to enforce the ban. No citations have been issued, officials said.

Las Vegas-area bar owners have appealed to the Nevada Supreme Court to overturn a judge's January ruling allowing the enforcement of civil penalties for violations of the measure. The judge threw out criminal penalties.

The Nevada Tavern Owners' Association has until October to file legal arguments against the measure.

After a campaign to educate smokers and businesses about the ban, Las Vegas and Reno-area health officials said last week that they intended to begin issuing citations for violations.

On Monday, Washoe Health District spokeswoman Tracie Douglas said no lawsuits had been filed in the Reno area, and officials were pleased with compliance.

"We only have a couple of people we're dealing with," she said.

The Southern Nevada Health District has fielded more than 2,000 complaints about 590 businesses during the past five months in the Las Vegas area, spokeswoman Jennifer Sizemore said.

The health district, which regulates 16,000 businesses, recently sent letters to eight businesses seeking compliance, Minagil said. Only Bilbo's was sued.