State Status
Any Preemption
News Summary
Supreme Court strikes down cigar bar exemption to smoking ban
Publication Date: 2014-08-29
- Author:Brent Martin
- Publication:Nebraska Radio Network
An Omaha billiards hall has lost its fight against the state indoor smoking ban.
The Nebraska Supreme Court has upheld the constitutionality of the law even as it ruled the legislature cannot carve out an exemption from the indoor smoking ban for cigar bars and tobacco retail outlets. It let stand an exemption for hotel guest rooms.
In an opinion written by Justice Kenneth Stephan, the court ruled there is no justification for treating cigar bars or stores which sell tobacco differently from other public places...
The court ruled the exemptions granted to cigar bars and tobacco stores were unconstitutional special legislation...