Attorneys Want Smoking Ban Case Dismissed

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Posted: 11:38 AM Jun 30, 2009 Attorneys Want Smoking Ban Case Dismissed Lincoln State attorneys have asked a Lancaster County district court to reject an Omaha pool hall's request to declare Nebraska's new smoking ban unconstitutional. Reporter: Associated Press

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State attorneys have asked a Lancaster County district court to reject an Omaha pool hall's request to declare Nebraska's new smoking ban unconstitutional.

Big John's Billiards is fighting the law that took effect June 1, saying the law's exemptions are arbitrary.

The law bans smoking inside public buildings and private businesses, but offers exemptions for some hotel rooms, tobacco-only retailers, private homes and facilities that do research on the effects of smoking. An exemption for cigar bars takes effect in September.

In arguments submitted Monday, the state says the court doesn't have jurisdiction over the state or the issue.

A hearing on the matter is set for Aug 6.

Latest Comments

Posted by: harleyrider1978 Location: tennessee on Jul 6, 2009 at 04:27 PM

travis,there is no need for any vote.Your rights are not a voting matter,they are constituionally protected rights and liberties.The freedom to association and to gather........then the 9th amendment...........second hand smoek doesnt harm anyone its 98% water vapor/ steam.OSHA did testing for 40 years and says it doesnt harm anyone......second hand smoke is a propaganda piece put together to villafy and outlaw smokers and making a claim for public safety laws.......the lie is being exposed and all of you out there should be more interested in the truth and constituional rights and civil liberties of your fellow man than agreeing with outright prohibition again only 80 years after it was repealed.Smoking bans were also a part of alcohol prohibition.......must we go there yet again. Bootlegging and crime along with lost jobs is what your gonna get with prohibition let alone murder.

Posted by: d on Jul 6, 2009 at 12:27 PM

I say stand outside by the front door and blow smoke in peoples faces as they walk out. That would maybe get them to stop crying about where you can smoke. I don't smoke but yet others smoking don't bother me at all. I can choose to go someplace else or go to the other side of the building if it bothered me.

Posted by: Marshall Keith Location: Wisconsin on Jul 5, 2009 at 06:35 PM

To the one that felt he had a right to smoke anywhere you want, NO, to those that said that you have a right to smoke free air NO. Neither are a right. Period. There are property rights and those rights are being violated. Telling an owner of a private business that they can't use a legal product on their own property or allow their guests to do the same is a violation of the fifth amendment. In essence they are declaring a business public use a clear violation of the Fifth Amendment "nor shall private property taken for public use without just compensation" To the one who said that no one should be forced to work under smoky conditions. Name one person that was forced to work anywhere?

Posted by: Stacy Location: Lincoln on Jul 4, 2009 at 07:53 AM

Smoking is offensive to nonsmokers. It is also a health hazard to nonsmokers. I don't think a person should have to work in an environment filled with noxious, offensive odors. I am a smoker, and have no problem stepping outside to smoke. I think things get carried away when one can't smoke in their own vehicle on certain property, but to simply have to step outside isn't really a big deal, is it?

Posted by: TRAVIS Location: AUBURN on Jul 4, 2009 at 01:16 AM

TO ALL IT MAY CONCERN-- YES, I AGREE WITH WITH ANONYMOUS AND ANYONE ELSE WHO FEELS THAT WAY TOO. AS I SAID, I AM A SMOKER AND MY FEELINGS TOWARD THIS SMOKING BAN ARE HARSH. I BELIEVE THAT I SHOULD BE ABLE TO SMOKE ANYWHERE I CHOOSE TO INCLUDING ANY PUBLIC PLACES, NOT JUST BARS. IF I GO TO A RESTURANT AND EAT DINNER, I WANT TO BE ABLE TO HAVE A SMOKE AFTERWARDS WITHOUT HAVING TO GO SOMEWHERE ELSE TO DO IT. I'M A SELFISH PERSON BECAUSE IF A NON-SMOKER ASKED ME NOT TO SMOKE AND I HAPPEN TO BE IN A PUBLIC PLACE BEFORE THEY WERE, THEN I WOULD HAVE TO TELL THEM THEY ARE THE ONES THAT ARE GOING TO HAVE TO GO SOMEWHERE ELSE TO BREATHE FRESH AIR. EVEN IF I DIDN'T KNOW THEY WERE THERE BEFORE OR AFTER I WAS, I STILL WOULDN'T BE KIND ENOUGH TO NOT SMOKE. IF THEY CAN'T HANDLE A PLACE THAT WOULD ALLOW SMOKING THEN THEY SHOULD BE THE ONES GOING SOMEWHERE ELSE, NOT ME.

Posted by: Cathie Location: Lincoln on Jul 1, 2009 at 01:24 PM

I agree with Anonymous..I am a smoker and while I don't always agree with turning every place into a non-smoking place, I do understand it. Actually the only place I find it annoying is in a bar. Even there people who don't normally smoke tend to do so. I have the right to smoke, that is my choice. A non-smoker has the right to ask me not to smoke around them and I would HAPPILY either go somewhere else or put out my cigarette. If smokers want to play the rights card they have to remember that those VERY same rights go both ways....

Posted by: Anonymous on Jul 1, 2009 at 11:12 AM

Dear Travis- To quote you directly "Just like a non-smoker has the right to breathe clean (air) anywhere they (choose)" So, what happens when you choose to smoke where I am trying to breathe clean air? Do I have to leave? Or do you have to A)not smoke B)Smoke elsewhere ? :S

Posted by: TRAVIS Location: AUBURN on Jul 1, 2009 at 02:37 AM

THIS SMOKING BAN IS UNCONSTITUTIONAL BECAUSE IT'S A MATTER THAT SHOULD HAVE BEEN VOTED ON THE PEOPLE OF NEBRASKA ON THE NOVERBER BALLOT INSTEAD OF OUR LEGISLATER JUST VOTING ON IT MAKING IT A LAW. SMOKING IS A PERSONS CHOICE THEREFORE BECAUSE OF THE FREEDOM OF CHOICE ON WHETHER TO SMOKE OF NOT, THE MATTER SHOULD HAVE BEEN VOTED ON BY THE PEOPLE OF NEBRASKA, NOT OUR GOVERNMENT. I'M A SMOKER MYSELF AND I FEEL THIS SMOKING BAN HAS TAKEN ONE OF MY RIGHTS AWAY. I CHOSE TO SMOKE AND I FEEL I SHOULD BE ABLE TO SMOKE ANYWHERE I CHOSE, JUST LIKE A NON-SMOKER HAS THE RIGHT TO BREATHE CLEAN ARE ANYWHERE THEY CHOSE. SMOKING IS A CHOICE AND A RIGHT SO THIS BAN SHOULN'T HAVE EVEN BEEN PUT IN PLACE.

Posted by: Dave Location: Lincoln on Jun 30, 2009 at 04:50 PM

So let me understand this, the court, in Nebraska, has no jurisdiction, over a Nebraska matter? Wow, can I have some of what the state attorney's are smoking, please?

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