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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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9 Comments
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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rights and civil liberties of your fellow man than agreeing with outright prohibition again only 80 years after it was repealed.Smoking bans were also a part of alcohol prohibition.......must we go there yet again.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?
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