Judge Denies Request to Suspend Smoking Ban
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Updated: 5:11 PM Jun 25, 2009
Judge Denies Request to Suspend Smoking Ban
Omaha
A Lancaster County judge has denied an Omaha pool hall's request to suspend a state law that bans smoking in most indoor places.
Posted: 5:11 PM Jun 25, 2009
Reporter: KOLNKGIN
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A Lancaster County judge has denied an Omaha pool hall's request to suspend a state law that bans smoking in most indoor places.

District Judge Jodi Nelson ruled this week on the injunction request filed last month by Big John's Billiards. But Nelson hasn't yet addressed the pool hall's request to throw out the law altogether.

An attorney for Big John's argues the law is unconstitutional and calls its exemptions arbitrary.

Ted Boecker says he isn't discouraged about the ruling.

Boecker said this week's ruling isn't a final determination.

Boecker had filed the request before the law took effect June 1. He says the law has hurt business and its exemptions, including for cigar bars, are arbitrary.

As of Thursday, state health officials have received 34 formal complaints about the law being broken. Fourteen of those have been against bars.

The Nebraska Clean Indoor Air Act went into effect June 1. It bans smoking inside all public buildings and private businesses, but offers exemptions for some hotel rooms, tobacco-only retailers, private homes and facilities that do research on the health effects of smoking.

An exemption for cigar bars takes effect in September.

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