The Attorney General's Office says a proposed exemption for cigar bars in the statewide smoking ban that goes into effect this June is not unconstitutional.

State Sens. Bill Avery of Lincoln and Mike Gloor of Grand Island requested an opinion on the constitutionality of the proposed exemption. The exemption is contained in a bill (LB355) expected to pass by the end of the session. It has already been given first and second round approval.

Under the bill, only cigars could be smoked in cigar bars. And at least 10 percent of the bar's sales would have to come from cigars.

Avery says the opinion written by Assistant Attorney General Dale Comer "ignores the entire legislative discussion regarding public health and the Clean Air Act."