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Jump to full article: Nebraska Administrative Office of the Courts, 2008-02-22
Intro: The pool halls include a bar and a delicatessen where
“burgers and fries” are prepared. The buildings have 18-foot
ceilings, and each building has six large “smoke eaters” to
remove smoke. A warning sign posted on the front door of
each pool hall states: “WARNING[:] ‘SMOKER FRIENDLY
POOL HALL[.]’ The air in this building may be hazardous
to your health[.] NON-SMOKERSE NTER AT AT [sic]
YOUR OWN RISK [.] IT’S YOUR CHOICE[.] Cigarette Smoke
Cleaned Electronically[.]” . . .
Prout testified that he had made no attempt to comply with
the Act’s requirements. In fact, he did not believe it would be
possible to come into compliance by modifying the pool halls.
However, Falter, the Department’s representative, testified that
Big John’s could divide the Omaha building into smoking and
nonsmoking areas and thereby comply with the Act.
CONCLUSION
We find no error on the record. The record shows that the district
court’s affirmance of the Department’s denial of a waiver
conformed to the law, was supported by competent evidence,
and was not arbitrary, capricious, or unreasonable. The judgment
of the district court is affirmed.
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