State lawyers defend smoking ban

LINCOLN — A Lancaster County judge heard arguments Thursday that she should dismiss a challenge to Nebraska's smoking ban.

District Court Judge Jodi Nelson made no immediate ruling on the request, made by attorneys for the state.

Big John's Billiards, an Omaha pool hall, filed the challenge against the state law banning smoking in public buildings and workplaces.

The company argues that exemptions to the ban are arbitrary and amount to special legislation in violation of the state constitution. It also argued that the ban would harm the pool hall's business.

Nebraska's smoking ban now exempts tobacco shops, some hotel rooms, laboratories used for research on smoking and home-based businesses. Starting Aug. 30, it also will exempt specially licensed cigar bars.

Such bars have to get 10 percent of their revenue from cigar and other tobacco sales, except cigarettes. They must have a walk-in humidor for storing cigars and seek a special license from the Liquor Control Commission.

Assistant Nebraska Attorney General Lynn Melson argued Thursday that the challenge should be dismissed because sovereign immunity protects the state from such suits. She also said the lawsuit failed to name all necessary defendants.

Theodore Boecker, the attorney for Big John's, said the state can be named in some types of suits and that the state had not specified which additional defendants should be included.