El Presidente Posted August 30, 2014 Posted August 30, 2014 Disappointing result indeed. We have tougher laws in this country but at least through the majority of the country we can smoke outdoors on our home decks, verandas and patios 10+ months of the year. For the US lawyer members out there, is this decision likely to impact other US states? by that I mean does it provide ammunition to the cigar nazis to challenge on similar grounds? http://www.omaha.com/news/nebraska/nebraska-s-high-court-allowing-smoking-in-cigar-bars-is/article_3a3c32ec-1443-5c25-a76d-3a75d9403bd5.html
Maplepie Posted August 30, 2014 Posted August 30, 2014 For the US lawyer members out there, is this decision likely to impact other US states? by that I mean does it provide ammunition to the cigar nazis to challenge on similar grounds? http://www.omaha.com/news/nebraska/nebraska-s-high-court-allowing-smoking-in-cigar-bars-is/article_3a3c32ec-1443-5c25-a76d-3a75d9403bd5.html I may not be a slick big city lawyer... but it seems like they put it on grounds of the indoor clean air act of 2008. so perhaps only states with a similar thing? As well as a weird anti smoking coalition in the state as well? Sent by the Enigma on BlackBerry.
amart Posted August 30, 2014 Posted August 30, 2014 Law student here. Without reading the opinion, it's kind of difficult to say how big of an impact this would have, but from what I gathered from the article, Nebraska Supreme Court decided the exemption for cigar bars form the clean air act was unconstitutional because they decided there is no difference in regards to applying the law to a cigar bar vs a regular bar. Basically, they said it's unconstitutional to say smoking is banned in a pool hall but not a cigar bar because there isn't a big enough difference between them to constitute applying the law differently. There's only two upsides to this ruling. First, there were dissenting opinions which gives room for future judges to interpret cases using the dissent. Second, nebraska supreme court rulings are only binding in Nebraska, meaning that ruling can only be used a persuasive argument in a case in say California. The judge in Cali is perfectly able to disregard the opinion completely. Of course, the judge in Cali could agree with it and use it to make his ruling as well but he's not bound to that precedent. Also, this only really affects smoking in cigar bars. I think the article said there were 11 or something like that. It doesn't affect the sale of cigars at all.
LordAnubis Posted August 30, 2014 Posted August 30, 2014 I wonder if there will be a bail out package for owners and employees of cigar bars that are now no longer allowed to smoke in said cigar bar.
ogus Posted August 30, 2014 Posted August 30, 2014 Why bother mentioning the Constitution at all anymore? 4
tjohn7 Posted August 30, 2014 Posted August 30, 2014 Well I guess I won't be moving to Nebraska anytime soon. Damn! Tom 1
alloy Posted August 30, 2014 Posted August 30, 2014 Well I guess I won't be moving to Nebraska anytime soon. Damn! Tom +1
madmarvcr Posted August 30, 2014 Posted August 30, 2014 I am a 2 hr drive to Omaha, living in Iowa, no more road trips to Omaha. I hope this doesn't spill over to Iowa. I don't know what I would do during Iowa winters without a cigar bar to go to Sent from my iPhone using Tapatalk
Habanos2000 Posted August 30, 2014 Posted August 30, 2014 Isn't this frustrating as hell?? I hope this judge can be voted off the bench. Honestly, what happened to common sense. If you don't like smoke, fine, don't go into a cigar bar!! 1
DoubleDD Posted August 30, 2014 Posted August 30, 2014 Does the clean air act apply to private "social" clubs?
amart Posted August 30, 2014 Posted August 30, 2014 Does the clean air act apply to private "social" clubs? Great question. I'm not sure about Nebraska
ptrthgr8 Posted August 30, 2014 Posted August 30, 2014 Why bother mentioning the Constitution at all anymore? To which constitution are you referring? The article specifically stated the ruling was related to the Nebraska state constitution. This wasn't a federal issue, so there was no need to mention the federal constitution. Sent from my DROID RAZR HD using Tapatalk
DoubleDD Posted August 30, 2014 Posted August 30, 2014 Great question. In Ohio, our smoking ban exempts private clubs in which membership is restricted and only members of the club are present at the time the smoking is occurring. I'm not sure about Nebraska Maybe if it exempts them then turn them into members only clubs.
mikek Posted August 30, 2014 Posted August 30, 2014 I dont ever see this happening here in Las Vegas,they kind of tried that in some sports bars,they were out of business in about A month! So alot of casinos have an area where they have non smokeing slots.The thing is on A busy night you hardly see anybody there!
samuelsmithbeer Posted August 30, 2014 Posted August 30, 2014 This is actually where I live, here is good old Lincoln Nebraska. It's sad the main place they are shutting down is really nice but I don't see them making it without smoking. A real shame all that money and time invested. The judge said the employees and clients deserve fresh air. What a load of crap. Everyone inside and all the employees enjoy smoking. I hate big government and do gooders pushing their ideas on me. It's a private business on private property they should be allowed to do as they please. If there was a market for smoke free business they would of done so. They never existed for a reason. Instead the main bar they are shutting down is one of the most crowded in town. Makes me irrate!!! 2
jacktarnold Posted August 30, 2014 Posted August 30, 2014 Well this looks like one more thing to incentivize me moving out of Nebraska; however, I'm on the other end of the state and we don't have anywhere to smoke indoors anyway. Just sad that another thing had to happen.
PapaDisco Posted August 30, 2014 Posted August 30, 2014 Maybe if it exempts them then turn them into members only clubs. This was the work-around that Utah used for years to allow drinking in restaurants; you'd be in a restaurant, wanted to order wine with dinner and they'd say 'members only' and then sell you a membership for some small amount. When the winter Olympics came to Salt Lake they jettisoned much of those restrictions.
PapaDisco Posted August 30, 2014 Posted August 30, 2014 off topic, but related . . . anybody know how many members of the U.S. Supreme Court smoke? I could not find the answer on 'the' Google . . .
PigFish Posted August 30, 2014 Posted August 30, 2014 … liberal or conservative judge(s)!!! -LOL Read 'em and weep boys and girls!!! -Piggy I guess it would be better to ask who authored and supported this indoor clean air bill? I want to know how we are going to control perfume, BO and farts? 1
Goodo Posted August 31, 2014 Posted August 31, 2014 In Melbourne, Australia, smoking was banned in all bars so one of them became a private members bar and it works really well. Visitors welcome, just need to sign in, no fee. I went there when visiting Melbourne and smoked a fourteen year old R&J Churchill, with a great single malt, sunk deep into a leather chair. One and a half hours of bliss. Hopefully you guys over there have a similar loophole you can use. I really hate this nanny-state BS.
Goodo Posted August 31, 2014 Posted August 31, 2014 … liberal or conservative judge(s)!!! -LOL Read 'em and weep boys and girls!!! -Piggy I guess it would be better to ask who authored and supported this indoor clean air bill? I want to know how we are going to control perfume, BO and farts? When I lived in Melbourne some years ago there were so many complaints about taxi drivers with BO that they were all told to use deodorant
MrGTO Posted August 31, 2014 Posted August 31, 2014 im sorrry, but its time for people to say **** off the government. The state or federal gov has no right to tell anyone how to live their lives. Smokers may have to pay higher insurance rates, but that is a choice you make not one the government should make for you. I am sick and tired of the nanny state we are developing into 1
El Presidente Posted August 31, 2014 Author Posted August 31, 2014 In Melbourne, Australia, smoking was banned in all bars so one of them became a private members bar and it works really well. Visitors welcome, just need to sign in, no fee. I went there when visiting Melbourne and smoked a fourteen year old R&J Churchill, with a great single malt, sunk deep into a leather chair. One and a half hours of bliss. Hopefully you guys over there have a similar loophole you can use. I really hate this nanny-state BS. I know the one you speak of. Good luck to him! However, lack of enforcement does not mean he is working within the legislation. Sometimes for the survival of your business, staff and family you need to work out outside of the legislation. I see nothing wrong with that if you are willing to pay the price. legislation in this case was brought in after substantial sums were spent. Where was the compensation?....nada. What do they expect the bloke to do? Curl up, wither and die?
Pedro2486 Posted August 31, 2014 Posted August 31, 2014 I remember when the smoking ban was brought in in WA. Pubs went from smelling like, well, pubs to the lovely aroma of stale piss and mouldy carpet 1
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