LINCOLN, Neb. (AP) — One Nebraska bar owner is frustrated over cigar bars still allowing indoor smoking following a ruling by the Nebraska Supreme Court earlier this year saying the practice was unconstitutional.

The owners of Big John’s Billiards had filed a lawsuit challenging an exemption to the state’s 2009 smoking ban. The law had allowed people to smoke in cigar bars, but the state’s highest court found that it amounted to unconstitutional special legislation.

The pool hall’s attorney on Monday criticized the state’s failure to enforce the smoking ban in cigar bars.

While state officials declined to comment, they have indicated in recent months they’ll wait on a final filing from the court in the case before enforcing the ban.