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.