Jump to full article: AP, 2009-08-06
Author: NATE JENKINS / The Associated Pres
Intro: 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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