LINCOLN, Neb. (AP) — The Nebraska Supreme Court will decide whether a lower court was right to strike down exceptions in the state’s public smoking ban.
The state’s high court heard arguments Wednesday in the case of Big John’s Billiards, an Omaha pool hall, whose owner sued after Nebraska enacted a statewide public smoking ban in 2009. The law bans smoking in all public buildings and private businesses, including bars and restaurants. However, the law provides exceptions for cigar bars, some hotel rooms, tobacco-only retailers and facilities that research the health effects of smoking.
A Lancaster County judge upheld the statewide ban last year, but found that the ban’s exceptions were unconstitutional.
The state’s high court will determine later whether those exceptions are permissible.