Former justice: Cigar bar bill would be found unconstitutional

Publication Date: 2009-04-08

• Author:JoANNE YOUNG
• Publication:Lincoln (NE) Journal Star

A former Nebraska Supreme Court justice said this week the cigar bar bill approaching final reading in the Legislature would be found unconstitutional if challenged.

The American Cancer Society of Nebraska asked Norm Krivosha, a former Nebraska Supreme Court Justice and now an attorney in Naples, Fla., for the opinion on the bill (LB355), the Cancer Society's Dave Holmquist said.

Holmquist said he raised the question of constitutionality at the bill's hearing. His group sought the opinion from Krivosha before first-round debate because officials believed he would render an unbiased opinion.
"Our purpose was simply to get this on the radar screen," Holmquist said. "It's something that has to be seriously considered."

The bill would exempt cigar bars from the Nebraska Clean Indoor Air Act, which goes into effect June 1.