LAS VEGAS (KLAS) – A district decide argued the well being district didn’t present sufficient proof for a lifeguard requirement for Las Vegas-area health club swimming pools, following a lady’s drowning dying.
Clark County District Courtroom Choose Timothy Williams determined Tuesday the Southern Nevada Well being District (SNHD) didn’t have standing to alter guidelines for health club swimming pools, together with the Las Vegas Athletic Membership (LVAC).
“The Court finds that SNHD acted arbitrarily and capriciously when it determined that LVAC’s pools are public and not exempt as a private club,” Choose Williams famous, in keeping with court docket paperwork. “SNHD’s power to regulate swimming pools is limited to public pools, and here the Court finds that SHND wrongfully changed LVAC’s private club status to public.”
The court docket cited state legislation which described a privately owned pool as one utilized by members of a non-public membership or invited visitors, citing LVAC’s swimming pools as becoming the outline. Choose Williams additionally wrote the SNHD couldn’t deny the LVAC’s exemption primarily based on dimension, noting greater than 160,000 members and a number of areas.
The court docket heard arguments additionally associated to the drowning dying of 58-year-old Leticia Triplett, who died the morning of Feb. 4, 2024, within the LVAC pool on North Decatur Boulevard.
The SNHD had beforehand argued Triplett’s dying was preventable, citing the shortage of a lifeguard on the LVAC facility. Choose Williams determined in opposition to the lifeguard declare.
“They failed to demonstrate either that these pools pose the same drowning risk as deep-water pools, or that a lifeguard could have prevented Ms. Triplett’s death,” he wrote. “Accordingly, the Court finds that SNHD acted arbitrarily and capriciously in failing to consider alternative monitoring plans proposed by LVAC.”
The well being district responded to an 8 Information Now request and was informed the SNHD doesn’t touch upon pending litigation. It’s not identified if the SNHD intends to enchantment the choice.
The LVAC didn’t reply to eight Information Now by the deadline for the story. It’s not identified if the LVAC or different Las Vegas-area health club swimming pools intend to proceed operations with lifeguards.
