Categories
· Business (Tobacco)
· Smokefree Policies
· Cigars
· Dining/Entertainment
· waivers/exceptions
USA, by State
· Nebraska
|
Jump to full article: Lincoln (NE) Journal Star, 2009-04-08
Author: JoANNE YOUNG / Lincoln Journal Star
Intro: A former Nebraska Supreme Court justice said this week the cigar bar bill approaching final reading in the Legislature would be found unconstitutional if challenged.
The American Cancer Society of Nebraska asked Norm Krivosha, a former Nebraska Supreme Court Justice and now an attorney in Naples, Fla., for the opinion on the bill (LB355), the Cancer Society's Dave Holmquist said.
Holmquist said he raised the question of constitutionality at the bill's hearing. His group sought the opinion from Krivosha before first-round debate because officials believed he would render an unbiased opinion.
"Our purpose was simply to get this on the radar screen," Holmquist said. "It's something that has to be seriously considered."
The bill would exempt cigar bars from the Nebraska Clean Indoor Air Act, which goes into effect June 1.
Sen. Scott Lautenbaugh wrote on April 8, 2009 12:55 pm:
" Yes-- I'm saying the former chief justice is dead wrong, and I'll go further, and say that he knows it (I hope). If the opponents of this bill were serious and acting in good faith to get an answer to their alleged concerns, they would have put somthing out like this before we've voted on the bill twice (and they lost twice). We have a smoke shop exception now, but a cigar bar exception is unconstitutional? The ex-chief's opinion is based upon an intentionally selective mis-reading of the Hug v. Omaha opinion, and is, simply put, laughable. There is nothing I can do to convince those of you who hate this little bit of freedom I'm trying to restore, though, so I'm not sure why I'm posting here. "
Jump to full article » |