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.


Find other stories on the topic at WOWT.com, KETV.com, KLKNTV.com, the ColumbusTelegram.com , and the JournalStar.com.