Exemptions to Nebraska's smoke-free worksites law are constitutional and should be upheld, an attorney for the state of Nebraska argued before the Nebraska Supreme Court Tuesday morning.

The Nebraska Supreme Court heard oral arguments in a case brought by an Omaha pool hall challenging Nebraska's smoke-free worksites law. At issue are exemptions for hotels and motels and tobacco shops, which were passed when the smoke-free worksites law was originally passed, and for cigar bars, which was passed in separate legislation a year later.

In January Lancaster County District Judge Jodi Nelson ruled that exceptions to the statewide smoking ban for cigar bars, tobacco stores and hotels are unconstitutional after an Omaha pool hall challenged the fairness of the 2009 Nebraska Clean Indoor Air Act. 

Today Omaha Attorney Ted Boecker, representing Big John's Billiards, argued that the exemptions constitute special legislation, making them unconstitutional. The legislative record indicates that the law wouldn't have been passed without the exemptions, he said, and so the entire law should be thrown out. 

Nebraska Deputy Attorney General Dale Comer argued that the Court should look at the purposes of the exemptions, rather than the purpose of the Act, in determining whether they are constitutional. Boecker disagreed, saying that the Court ought to look at the purpose stated for the Act in determining whether the exemptions are constitutional.


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The Nebraska Liquor Commission on Friday rejected an application by an Omaha establishment hoping to operate a hookah bar under a provision that created an exemption to Nebraska's smoke-free worksites law for what have been called cigar bars, according to the Omaha World Herald.

Nebraska's smoke-free worksites law requires that indoor worksites be smoke-free. It allows the following exemptions:

• up to 20 percent of hotel rooms;
  
• tobacco-only retailers defined as a “store that sells only tobacco and products directly related to tobacco. Products directly related to tobacco do not include alcohol, coffee, soft drinks, candy, groceries or gasoline;”
  
• facilities researching the health effects of smoking; and
  
• private residences, except when a residence is being used as a licensed child care program.

LB355 was passed in 2009. This law provides an additional exception to the Nebraska Clean Indoor Air Act for businesses that qualify as cigar bars. Such businesses may not permit the smoking of cigarettes.

Oasis hookah bar has been operating in Omaha, claiming that it's operating under the tobacco-only retailers exemption. 

Owner Jesse Hill said he was seeking a cigar bar license so that he can sell bottled water, fruit juices and other drinks while allowing his customers to smoke indoors. He has said that he intends to not serve alcohol.

“If there was any other way to get around this that was less costly, I would definitely pursue that,” Hill was quoted by the Omaha World Herald. “We're just trying to expand our business the only way we can.”