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· Nebraska

State lawyers defend smoking ban 

Jump to full article: Omaha (NE) World Herald, 2009-08-06
Author: Martha Stoddard WORLD-HERALD BUREAU

Intro:

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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