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.

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Patrick Lagreid

I strive to capture the essence of a cigar and the people behind them in my work – every cigar you light up is the culmination of the work of countless people and often represents generations of struggle and stories. For me, it’s about so much more than the cigar – it’s about the story behind it, the experience of enjoying the work of artisans and the way that a good cigar can bring people together. In addition to my work with halfwheel, I’m the public address announcer for the Colorado Rockies and Arizona Diamondbacks during spring training, as well as for the Salt River Rafters of the Arizona Fall League, the WNBA's Phoenix Mercury and previously the Arizona Rattlers of the Indoor Football League. I also work in a number of roles for Major League Baseball, plus I'm a voice over artist. Prior to joining halfwheel, I covered the Phoenix and national cigar scene for Examiner.com, and was an editor for Cigar Snob magazine.