"RESOLVED: That the American Cancer Society opposes any preemption clauses that are intended to remove or restrict power and authority from a unit of local government or regulate clean indoor air and/or other tobacco control laws."American Cancer Society
State Preemption of Local Tobacco Control Laws, March 1992
Nebraska's workplaces are 100% Smokefree!
As of June 1, 2009, all workplaces, restaurants, bars and gaming venues in Nebraska are 100% smokefree. The Nebraska Legislature adopted the strong law in February 2008, and this statewide success followed the enactment of 100% smokefree laws in Lincoln and Omaha over the past few years. Read Nebraska's smokefree law.
An exemption added to the law allows cigar smoking (not cigarette smoking) in cigar bars that generate more that 10% of their revenue from cigar-related sales. Unfortunately, this exemption law is also preemptive and prohibits local governments from closing this loophole to make cigar bars smokefree.
Nebraska law does not preempt the passage of most local smokefree laws, however communities are preempted from adopting smokefree laws for cigar bars. Read more about current tobacco-related legislation in Nebraska.
Current tobacco-related statistics are available from the Centers for Disease Control's Tobacco Control State Highlights, 2010.
Nebraska's 2018 Legislative Session: January 3 - April 18
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- 7/6/2017Blue Cities Want to Make Their Own Rules. Red States Won't Let Them.
- 5/10/2017The Threat of Super-Preemption
- 3/6/2017Preemption Prevents Innovation
- 2/21/2017City Rights in an Era of Preemption: A State-by-State Analysis
- 2/2/2017Red State, Blue City
- 1/5/2017GOP aims to rein in liberal cities
- 9/9/2016How ALEC, ACCE, and Preemption Laws are Gutting the Powers of American Cities
- 8/22/2016Blue Cities, Red States
- 6/28/2016Colorado Preemptions of Local Government: The Need for the Colorado Community Rights Amendment
- 6/23/2016State and Local Comprehensive Smoke-Free Laws for Worksites, Restaurants, and Bars--United States, 2015
- 4/6/2016From Fracking Bans To Paid Sick Leave: How States Are Overruling Local Laws
- 4/1/2016Growing Southern cities are increasingly targets of state pre-emption
- 3/25/2016Beyond North Carolina's LGBT Battle: States' War on Cities
- 2/4/2016Corporate Interests Take Aim at Local Democracy
- 8/6/2015Blowing the Whistle on ALEC's Little Brother ACCE
- 7/7/2015Four Ways ALEC Tried to Ruin Your State this Year
- 5/17/2015Say no: States increasingly blocking cities and counties from imposing mandates on businesses
- 5/8/2015State lawmakers hate federal meddling even as they preempt local government
- 3/30/2015The ALEC-Backed War on Local Democracy
- 2/23/2015Govern Yourselves, State Lawmakers Tell Cities, but Not Too Much
- 2/4/2015Cigar bar bill advances in Legislature
- 1/28/2015Bill to restore smoking in Nebraska cigar bars makes it out of committee
- 1/12/2015Nebraska senator introduces bill to exempt cigar bars from Clean Air Act
- 1/5/2015Nebraska cigar bars must go smoke-free when new liquor licenses arrive; senator plans new proposal
- 12/16/2014Smoking continues as lawyers squabble in cigar bar case
- 9/26/2014Cigar bars owners get one more shot to argue against ban
- 8/29/2014Supreme Court strikes down cigar bar exemption to smoking ban
- 9/16/2013Judge dismisses Omaha pool hall's smoking ban lawsuit
- 2/4/2011High court will hear appeal on Nebraska smoking ban exceptions
- 1/28/2011Despite appeal, attorney says questions remain on smoking ban
- 1/27/2011State appeals judge's ruling nixing smoking ban exceptions
- 1/13/2011Proposed smoking bill makes sense
- 5/28/2010Nebraska Smoking Ban Approaches First Anniversary
- 4/18/2010What Ever Happened Since the Smoking Ban
- 2/5/2010State Preemption of Local Smoke-Free Laws in Government Work Sites, Private Work Sites, and Restaurants United States, 2005-2009
- 10/8/2009Pool hall renews challenge of Neb. smoking ban
- 8/6/2009Judge considers smoking challenge
- 5/31/2009State smoking ban begins Monday
- 5/25/2009Nebraska Set To Become 16th State To Go Smoke Free
- 5/2/2009State law to snuff smoking
- 4/23/2009Gov. signs cigar-bar exemption to Neb. smoking ban
- 4/16/2009Cigar bar bill OK, Bruning opinion says
- 4/8/2009American Cancer Society says smoking ban exemption would be unconstitutional
- 4/8/2009Former justice: Cigar bar bill would be found unconstitutional
- 4/6/2009Smoking bill limits cigar bars to stogies
- 3/22/2009Lawmakers Debating Smoking Ban Exemption
- 2/26/2009Legislature To Debate Cigar Bar Bill
- 2/11/2009Nebraska smoking ban stays; opt-out plan killed
- 1/21/2009Bill would let cities opt out of smoking ban
- 2/26/2008Heineman signs smoking ban
- 2/22/2008Nebraska Legislature passes statewide smoking ban
- 1/6/20082008 Legislature Preview; It's Back! Statewide Smoking Ban?
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State Specific Resources
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