Less than two weeks since the Nebraska Supreme Court deemed an exemption to the state’s smoking ban unconstitutional, the Nebraska Attorney General’s Office has asked the state’s high court to rehear the case, under the premise that the exemptions were contrary to the original intent of the the 2008 Nebraska Clean Indoor Air Act and constituted “special legislation,” or laws that grant privileges to some entities but not others.

JournalStar.com reports that Assistant Attorneys General Lynn Melson and Natalee Hart are heading up the request, with the pair saying that the court adopted “a new special legislation test that, rather than look at why the exceptions were created, focused instead only on the purpose of the smoking ban.”

The pair added that “the effect of this Court’s opinion is that few, if any, exemptions can ever be created; by definition, the Legislature’s purpose in creating an exemption will always be inconsistent with the purpose for a general rule or requirement.” The attorneys also assert that the court did not adequately understand the reason for the exemptions, citing testimony that said not having the exemption would mean those businesses would not be able to survive.

It remains to be seen whether or not the court will grant a rehearing.

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 the Arizona Rattlers of the Indoor Football League. I also work in a number of roles for MLB.com, plus I'm a voice over artist. I previously covered the Phoenix and national cigar scene for Examiner.com, and was an editor for Cigar Snob magazine.