Twice in the past week, improperly disposed of smoking materials touched off apartment fires in Omaha.

Thursday morning, a smoking-related fire was started at Maple View Apartments, displacing 64 residents and leading to one case of smoking inhalation. Saturday another smoking-related fire was started at Fairway Apartments, damaging several units.

A smoking-related fire was touched off in LaVista in late September. After three smoking-related fires in La Vista and Ralston in six months earlier this year, firefighters in Ralston and La Vista voiced concern about smoking-related fires happening in Nebraska this year. Firefighters in Lincoln and Kearney also have urged caution in disposing of smoking-related materials after fires there this year. In the first five months of 2011, six Kearney families have lost their homes because of carelessness with smoking materials, according to the Kearney Hub. In 2010, four Kearney residents were displaced for the same reason. And in a July Papillion house fire started by a discarded cigarette, firefighter Clayton Kulhanek broke both his ankles and firefighter Ryan Twohig lost a big toe.

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.

The Nebraska Supreme Court today will hear a case that will determine whether cigar bars and motel rooms will be allowed to permit smoking.

In January, Lancaster County District Court Judge Jodi Nelson ruled that exceptions to Nebraska's smoke-free worksites law were unconstitutional. The exceptions ruled unconstitutional were for cigar bars, tobacco stores and hotels.

Nebraska's smoke-free worksites law is being challenged by Omaha pool hall Big John's Billiards.

More details of the smoke-free worksites case may be found at the Lincoln Journal Star.

A Friday morning La Vista garage fire was started by a cigarette.

The fire sent smoke through the La Vista home. The fire was under control by the time firefighters arrived, according to 10/11 News. No injuries were reported.

After three smoking-related fires in La Vista and Ralston in six months earlier this year, firefighters in Ralston and La Vista voiced concern about smoking-related fires happening in Nebraska this year. Firefighters in Lincoln and Kearney also have urged caution in disposing of smoking-related materials after fires there this year. In the first five months of 2011, six Kearney families have lost their homes because of carelessness with smoking materials, according to the Kearney Hub. In 2010, four Kearney residents were displaced for the same reason. And in a July Papillion house fire started by a discarded cigarette, firefighter Clayton Kulhanek broke both his ankles and firefighter Ryan Twohig lost a big toe.

There was no room for doubt about the hazards of tobacco use in Grand Island on Friday.

That's because a presenter at schools there has lost his jaw and half his tongue as consequences of tobacco use.

Gruen Von Behrens is a 34-year-old man who first used dip as a 13-year-old. Four years later he noticed a white spot on his tongue where he held dip in his lip. 
Since that time, he has had 34 surgeries in 17 years to reconstruct his lower face. He says he looks a little "like a monster."

Read more about Von Behrens visit to Grand Island and his warning about the consequences of tobacco use at the Grand Island Independent.

Three of 16 North Platte retailers checked for compliance with ensuring no sales of tobacco products to minors failed the check, giving a rate of 81 percent compliance with the law prohibiting sales to minors, according to the North Platte Telegraph.

An earlier check in April also netted three violations, according to the Telegraph.

Based on solid research findings, as noted by the Campaign for Tobacco Free Kids in a fact sheet on enforcing laws prohibiting sales of cigarettes to minors, state attorneys general and other experts have recommended that any effort to reduce youth access to tobacco products include the following key elements:

• Designating an agency with clear responsibility for enforcement
• Providing adequate, guaranteed funding for enforcement
  
• Making frequent and realistic compliance checks, with a goal of sustained 95 percent compliance
  
• Meaningful penalties including graduated fines and ultimately, prohibiting sales of tobacco products
  
• No preemption of local ordinances
  
• Education and awareness efforts for merchants and the public.
  

The compliance checks in North Platte are funded with help from a grant awarded to Community Connections of North Platte by Nebraska Health and Human Services System/Tobacco Free Nebraska as a result of the Tobacco Master Settlement Agreement.

The North Platte stores that were found to be in compliance were:

The Bottle Shop, Walgreens, Minnow Bucket, Cenex at 3002 South Jeffers, Pump and Pantry, Love's Truck Stop, The Gas Stop, Tobacco Road, Big Red Liquors, Casey's at 1401 East Fourth, Caseys at 2421 Rodeo Road, Sandhills Liquor Store, The Barn Store, Kwik Stop locations at 1421 South Dewey Street, 1402 Rodeo Road and 902 North Jeffers, City Discount Liquors and Amoco at 11th and Jeffers Streets.

"We want to applaud the stores and simply say thank you for doing their part in keeping tobacco away from our kids," Community Connections Executive Director Jayna Schaaf told the Telegraph.

Library patrons in Columbus will soon be protected from secondhand smoke on library property, with a policy that goes into effect immediately.

The Columbus Telegram reported Monday that the Columbus Public Library Board unanimously approved a policy protecting smoke-free air on library property.

Library Director Jill Owens told the Columbus Telegram that the new policy is a response to complaints and problems with litter.

"Patrons complained about having to walk through a cloud of smoke to enter the building," she said.

Signs notifying library patrons of the new policy will be posted soon.

A three-year old boy with a cigarette lighter started a fire at his Lincoln home, and the fire has left his family without a home.

As reported by 1011 News, the boy was playing with a lighter in his bedroom, when he lit bedding material on his bunk bed on fire.

A family of eleven lived in the home. A man, his wife, two of the kids and a sister were at home. No one was injured.

After three smoking-related fires in La Vista and Ralston in six months, firefighters in Ralston and La Vista voiced concern about smoking-related fires happening in Nebraska this year. Firefighters in Lincoln and Kearney also have urged caution in disposing of smoking-related materials after fires there this year. In the first five months of 2011, six Kearney families have lost their homes because of carelessness with smoking materials, according to the Kearney Hub. In 2010, four Kearney residents were displaced for the same reason. And in a July Papillion house fire started by a discarded cigarette, firefighter Clayton Kulhanek broke both his ankles and firefighter Ryan Twohig lost a big toe.

The risk of a pregnant woman having a stroke has gone up, according to a North Platte physician, because of the lifestyles we lead, and that includes smoking cigarettes.

Dr. Jose Cardenas, director of the stroke program at the Great Plains Regional Medical Center, told the North Platte Telegraph that high blood pressure, high cholesterol, diabetes and other conditions are triggered by obesity and lack of physical activity.

Contraceptives and smoking also increase the risk of heart attack and stroke, the doctor said.

Quitting smoking provides health benefits to everyone who smokes. Reducing the risk of stroke is just one of many benefits pregnant women can receive by quitting smoking.

UNO Wellness is offering a program to help smokers quit smoking, according to the UNO Gateway.

About 26 percent of smokers at UNO are ready to quit smoking, according to a survey, as reported by the Gateway.

The "Beat the Pack" program will be offered to UNO students, faculty and staff for $10 for five sessions. The program is normally a $250 class.

To register, contact Dave Daniels at 402-554-2008.