On May 30th, 2008, the Omaha establishment owner who questioned the smoking ban exemption that city is giving keno establishments and bars are happy with the decision of the Nebraska Supreme Court regarding the matter.
The complainant's lawyer K.C. Engdahl commented that his client, Marylebone Tavern co-proprietor Michelle Hug is very happy with the decision because it will require all of the business establishments in Omaha to follow with the rules in Omaha regarding the smoking ban.
The decision dismissed the exceptions for keno establishments and some pubs because it is unconstitutional. Attorney Engdahl commented that is exactly what Hug is hoping for. The Nebraska State Supreme Court decided that the affidavits from two of Omaha's 7 city council members should not be considered and used in the case because they were taken from the council members three months after the ban was approved.
Those affidavits were the only evidence backing the exceptions. Deputy city attorney Tom Mumgaard commented that it will be up to city council on what to do with the whole decision.
Mumgaard added that the city could approve new exceptions to the ban, leave no exceptions to the ban or dismiss the present ban and just wait for the statewide smoking ban to be enforced on June 2009.
Louis Blechdom
[24-06]
