While the Nebraska Supreme Court denied a petition to rehear a case that said an exemption in the state’s Clean Indoor Air that allowed smoking in cigar bars and lounges was unconstitutional, that hasn’t stopped cigar smokers in the Cornhusker State from lighting up.
The court has yet to issue a formal decision due to a disagreement about who will be paying attorneys fees, explains a report in JournalStar.com, and as such, the Nebraska Liquor Control Commission has yet to revoke the special cigar bar licenses and replace them with regular liquor licenses. In the case of Lincoln-Lancaster County’s Health Board, director Judy Halstead said her department won’t follow up on complaints until those licenses have been changed.
That means that four months after the court’s initial ruling, cigar smokers are still allowed to light up their favorite cigar while enjoying an alcoholic beverage in the state’s 12 cigar bars.
In late August, the court found that “there is no difference in circumstances between tobacco retail outlets and all other public places and places of employment,” thus nullifying the exemption as a violation of the state’s constitution for giving “special favors” to a certain type of business.
No timetable has been announced as to when the court will issue its final ruling.