OMAHA, Neb. (AP) — The Nebraska Supreme Court has been asked to rehear the case challenging the state’s smoking ban.

The Nebraska Attorney General’s Office filed a motion on Monday. On Aug. 29 the court declared the ban’s exceptions for cigar bars and tobacco shops were unconstitutional.

The state said the court erred in ruling that the exceptions were contrary to the original intent of the 2008 Nebraska Clean Indoor Air Act.

The original case against the smoking ban was filed by Big John’s Billiards and has already gone before the Supreme Court twice.