On June 12th, 2008, an order from a judge has dismissed the exemptions to the public smoking ban in Omaha. The smoking ban that was enforced in the fall of 2006 grant some exceptions like people smoking in keno establishments and the Horseman's Park. But in May 2008, the Nebraska state Supreme Court commented that the exemptions granted to keno establishments and horse racing tracks were unconstitutional and unfair to other business establishment owners that are following the ban.
The state Supreme Court sided with Marylebone Tavern co-owner Michelle Hug, who filed a case to dismiss the exemptions and it is unfair to other business like her bar where customers cannot smoke. The judge who made the order said that she is just following the order from the Nebraska Supreme Court.
She added that she just wanted for every business in the state to have a fair chance regarding the smoking law. Police officers commented that they will be lenient with the enforcement of the law until the residents and businesses in the state get used to the smoking ban law.