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Nebraska Court Voids Exceptions to Smoking Ban
June 2, 2008

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News Summary

Exemptions in Nebraska's indoor smoking ban legislation for licensed keno establishments, a horse track and bars that don't prepare food are unconstitutional, the Nebraska Supreme Court ruled.

The Omaha World-Herald reported May 31 that the court effectively eliminated all exemptions to the ban with its ruling, agreeing with bar owners who argued that the exceptions gave an unfair advantage to some businesses over others.

"Nothing in the ordinance's stated purpose would explain why employees of the exempted facilities or members of the public who wish to patronize those establishments are not entitled to breathe smoke-free air," the court wrote in its decision.

"It looks like the ban becomes broader and applies to every situation," said Paul Kratz, city attorney in Omaha.

The exempted businesses were scheduled to go smoke-free next June even before the court ruling.

COMMENTS ON THIS ARTICLE:

Posted by Fred on 03 Jun 08 12:59 PM EDT
It still seems to me that a business owner should be able to decide for themselves whether or not they are going to allow smoking or not. Customer ought to be grown up enough to decide whether or not they are going to go into the business. I guess our government (courts etc.) feels like it has to void the constitution and treat all of us like children.

Posted by Bob on 16 Jun 08 01:58 PM EDT
They should have found that the entire ban and all other smoking bans in the state are unconstitutional. These bans violate my private property rights. If government wants to do away with smoking, to supposedly, protect the public health, then they should outlaw smokable tobacco products and wean themselves from the huge amount of taxes those products provide. Then, they can go to the public and say we have to raise everyones taxes and other fees to cover those losses. After that, we'll see how gungho the public is on smoking bans.

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