OMAHA, Neb. (AP) — Some state lawmakers are working to again exempt cigar bars from the state’s public smoking ban despite a Nebraska Supreme Court ruling last year that declared lawmakers’ first attempt to allow cigar patrons to light up unconstitutional.

While the intent of the bill, introduced by Sen. Tyson Larson of O’Neill, is clear, its ability to stand up to a constitutional challenge is not.

University of Nebraska associate law professor Anthony Schutz says the bill could work, because courts tend to give deference to legislation when lawmakers make their intent clear, even if the reasoning behind the intent is challenged.

But Schutz says the bill would be stronger if it included language spelling out the Legislature’s intent to keep economic harm from cigar bars.