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Smoking-ban challenge in Nebraska still alive 

An effort to snuff out a statewide smoking ban is still alive - for now.

A judge on Thursday did not rule on a motion from the state to reject an Omaha pool hall's request to declare the ban unconstitutional. Lancaster County District Judge Jodi Nelson instead gave attorneys on both sides two more weeks to file motions in the case.

Big John's Billiards is fighting the law that took effect June 1, saying the law's exemptions are arbitrary.

Attorneys for the state argued Thursday that the court lacks jurisdiction over both the subject matter in the case and the state itself. The state also argues that Big John's lawsuit failed to include all the parties with an interest in the case, such as local officials who enforce the law.

"It would be unwieldy and inappropriate to name every local official," responded Ted Boecker, attorney for Big John's.

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State lawyers defend smoking ban 

LINCOLN -- A Lancaster County judge heard arguments Thursday that she should dismiss a challenge to Nebraska's smoking ban.

District Court Judge Jodi Nelson made no immediate ruling on the request, made by attorneys for the state.

Big John's Billiards, an Omaha pool hall, filed the challenge against the state law banning smoking in public buildings and workplaces.

The company argues that exemptions to the ban are arbitrary and amount to special legislation in violation of the state constitution. It also argued that the ban would harm the pool hall's business.

Nebraska's smoking ban now exempts tobacco shops, some hotel rooms, laboratories used for research on smoking and home-based businesses. Starting Aug. 30, it also will exempt specially licensed cigar bars.

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Judge considers smoking challenge 

LINCOLN -- A Lancaster County judge heard arguments today about whether to dismiss a challenge to Nebraska's smoking ban.

District Court Judge Jodi Nelson made no immediate ruling on the request, made by attorneys for the state. She said she would decide the case after receiving legal briefs from both sides.

Big John's Billiards, an Omaha pool hall, filed the challenge against the state law banning smoking in public buildings and workplaces. The company argues that exemptions to the ban are arbitrary and amount to special legislation in violation of the Nebraska Constitution. It also argued that the ban would harm the pool hall's business.

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Lancaster County considers expanded smoking restrictions  

Smoking or using other tobacco products on the grounds of all county-owned, -leased or -controlled property could be banned as of Sept. 1.

The ban, which is contained in a proposed "tobacco-free campus" policy, was presented to the Lancaster County Board on Thursday.

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Neb. attorneys want smoking ban case dismissed  

State attorneys have asked a Lancaster County district court to reject an Omaha pool hall's request to declare Nebraska's new smoking ban unconstitutional.

Big John's Billiards is fighting the law that took effect June 1, saying the law's exemptions are arbitrary. . . .

In arguments submitted Monday, the state says the court doesn't have jurisdiction over the state or the issue.

A hearing on the matter is set for Aug 6.

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Omaha pool hall attorney unfazed by ruling in smoking ban case  

Ted Boecker (BECK-ur) said this week's ruling isn't a final determination and Big John's Billiards will continue to try and prove the law is unconstitutional. A judge has yet to rule on his request to throw out the law altogether.

Boecker had filed the request before the law took effect June 1. He says the law has hurt business and its exemptions, including for cigar bars, are arbitrary.

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Opinion split on tobacco oversight  

Is the tobacco tin half full or half empty? . . .

"I really think it set back our tobacco-control movement about 30 years," said Mark Welsch of Omaha, president of GASP, or the Group to Alleviate Smoking Pollution. . . .

Other anti-tobacco groups working in the Midlands saw the new law in a positive light.

"It's not a compromise. It's not a bill written by Philip Morris," said Michelle Bernth, spokeswoman for the American Lung Association in Nebraska. "We're very happy with the result."

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Still in Flavor Country? 

With unprecedented support, Congress recently passed the Family Smoking Prevention and Tobacco Control Act, which aims to protect children and teens.

However, some store owners, smokers and even a few non-smokers aren’t so sure the reasons are valid. . . .

Said UNL sophomore music major Zach Smith: "The only way for tobacco companies to continue turning a profit on the oldest drug in America is to advertise to a younger audience so the nicotine can take hold earlier."

The FDA will have the power to delve into what exactly is going into tobacco products and control it.

"(If) the FDA can control the amount of harmful carcinogens in cigarettes, that would be a tremendous step forward toward healthier lives for all Americans, smokers and nonsmokers alike," Smith added.

Conversely, some see this as an infringement on rights.

"I have a right to potentially endanger myself," said Grant Anderson, a Nebraska Wesleyan University student who rarely smokes but feels strongly about his rights. . . .

All in all, the Family Smoking Prevention and Tobacco Control Act has polarized the community with those for it heralding it as a great advance and those against it bemoaning its reasons.

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• Big John’s restraining order against smoking ban denied  

Lancaster County District Judge Jodi Nelson on Wednesday denied a pool hall's request for a restraining order against the Nebraska Clean Indoor Air Act, which went into effect June 1.

Attorney Theodore Boecker Jr., who represents Big John Billiards Inc., claimed in a lawsuit filed in May against the state of Nebraska that the law was unconstitutional. . . .

Boecker argued in the lawsuit that the cigar bar exemption favored certain businesses with longtime tobacco ties while harming others like, for instance, the traditionally "smoke-filled pool hall." He said the court should strike down the entire ban and let Big John's operate as it normally did prior to June 1.

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Outdoors or Indoors: OPPD says no to tobacco on the job 

And you thought only Nebraska's new law put the fire hose to workplace smoking.

On June 1 -- the day the state's ban on smoking inside workplaces went into effect -- the Omaha Public Power District banned the use of cigarettes and chewing tobacco on the job, even outside.

In effect, none of the utility's 2,400 workers -- not even the worker high atop a power pole -- can take a puff or pinch a snuff on the clock.

Now, two of the utility's major unions have filed a lawsuit that says the ban far exceeded state law and, therefore, violated the unions' contracts with the utility.

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Johanns knows tobacco's lure 

. Mike Johanns knows the power that tobacco product marketing can exert over young people.

The Nebraska Republican started puffing when he was 18.

Johanns joined most of his colleagues Thursday as the Senate voted overwhelmingly to give regulators new power to limit nicotine in the cigarettes that kill nearly a half-million people a year, to drastically curtail ads that glorify tobacco and to ban flavored products aimed at spreading the habit to young people.

Johanns said smoking was seen as cool when he was growing up in the 1960s and recalled the pervasive influence of the iconic tough guy, the Marlboro Man. . . .

The potential dangers of smoking strike close to home for Johanns, 58, who had a cancer scare earlier this year when doctors found a spot on his lung. They found no cancer - just an infection - but removed the lower lobe of his left lung as a precaution.

Sen. Ben Nelson, D-Neb., also voted for the bill. He said nearly a fifth of Nebraska high school students smoke and another 7,200 Nebraskans under 18 try cigarettes each year. He said $537 million is spent annually in Nebraska on health care costs caused by tobacco.

"Cutting tobacco use is a win-win. It will save lives and it will save money," Nelson said.

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EDITORIAL: Anti-smoking crusade not over  

Primarily, the new law will affect smokers, the tobacco industry and advertising businesses.

Nonetheless, as the many advocates who have fought for the change said, the historic legislation does mean another major change in the role of tobacco in society.

It was gratifying to see Nebraska's congressional delegation in support of the measure. Voting yes on the proposal were Reps. Jeff Fortenberry and Lee Terry, and Sens. Ben Nelson and Mike Johanns. The only member on the wrong side of the issue was misguided Rep. Adrian Smith in the 3rd District. . . .

In Lincoln, where a smoking ban went into effect in 2005, residents have become accustomed to clean air in restaurants and bars. Residents commonly remark how surprising, and offensive, it now seems to encounter smoke in restaurants and bars during travels.

It would be disappointing if congressional approval of new regulatory authority over tobacco blunted the campaign to convince states to enact smoking bans. This year, Nebraska became only the 16th state to enact a statewide workplace smoking ban. It's important for that national effort to continue.

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Outdoors or Indoors: OPPD says no to tobacco on the job 

And you thought only Nebraska's new law put the fire hose to workplace smoking.

On June 1 -- the day the state's ban on smoking inside workplaces went into effect -- the Omaha Public Power District banned the use of cigarettes and chewing tobacco on the job, even outside.

In effect, none of the utility's 2,400 workers -- not even the worker high atop a power pole -- can take a puff or pinch a snuff on the clock.

Now, two of the utility's major unions have filed a lawsuit that says the ban far exceeded state law and, therefore, violated the unions' contracts with the utility. . . .

The state ban outlaws smoking in indoor workplaces, with a few exceptions, but says nothing about chewing tobacco or smoking outside.

OPPD, meanwhile, makes no exceptions.

"If you're being paid by OPPD or you're on OPPD property, you cannot use tobacco products, period," said Mike Jones, an OPPD spokesman. "It's for the health and welfare of our employees."

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Smoking ban doesn't ignite firestorm 

Most local business owners and their customers aren't hot under the collar about the statewide smoking ban that goes into effect on Monday.

On June 1, Nebraska will be the 16th state to place a smoking ban on restaurants, bars and workplaces. The purpose of the Nebraska Clean Indoor Air Act is to protect the public health and welfare by prohibiting smoking in public places and places of employment, state officials and anti-smoking advocates said.

The Department of Health and Human Services Division of Public Health (DHHS) recently conducted a survey that showed that 80 percent of all Nebraskans, smoking and nonsmoking, support of the Act. Up to 20 percent of hotel rooms, tobacco-only retailers, labs that research the health effects of smoking, private residences and cigar bars are exempt from the new law. Residents, employees and patrons will be allowed to smoke inside these facilities only.

Dick Woods, who owns the Silver Saddle Lounge in Scottsbluff, said he banned smoking in his bar several weeks ago to get people ready for the change. "I don't think it's going to bother my business at all," Woods said. "I'm pretty much ready for it."

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Romeo's helps launch smoking ban 

It's official. Nebraskans can breathe easy thanks to the Nebraska Clean Indoor Air Act that took effect Monday.

To mark the occasion, Dave Holmquist, director of government relations with the American Cancer Society in Nebraska, kicked off a press conference Monday morning at Romeo's restaurant in Bellevue.

"It's a great day for the state of Nebraska," he said. "We've been waiting about 15 months to be able to say that Nebraska is smoke free."

Nebraska joins 15 other states in implementing a comprehensive smoking ban.

"The Nebraska smoke-free air law represents one of the greatest public health successes in our state's history," said Dr. Joann Schaefer, Nebraska Chief Medical Officer.

Now, the hazards of second-hand smoke will be eliminated in bars, restaurants and other indoor public places.

"In general, we will be healthier because of this law," Schaefer said.

Dr. Mark Kestner with Alegent Health Systems challenged people to encourage their family and friends to make their homes smoke-free as well.

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