Omaha/Nebraska Smoking Ban

[barattataxicab]

As I understand, it's not even a matter of finances. Thee way the ordinances are set up disallows any type of enclosure used for smoking.

[joeglow]

As I understand, it's not even a matter of finances. Thee way the ordinances are set up disallows any type of enclosure used for smoking.

You are correct.  I still laugh about what happened at the First National Tower.  They had a smoking room on the 17th floor to keep all the smokers in one place.  Once the ban became law, they had to close it down.  What do you get know?  A huge as cloud of smoke in your face every time you walk in or out of the building.

That said, I was VERY shocked that the Brandeis cafeteria was smoking as long as it was.  That did blow to go for a quick lunch and deal with that, as there were limited options to get a lunch in a few minutes.

[nativeomahan]

I think they should at least allow enclosures attached to buildings for smokers. I mean after all, it gets a little 'chilli' here during the Winter.

Agreed.  And right next to that we could build enclosures for the alcoholics to drink their hooch, since they can't drink at their desks.  And how about the pot smokers?  They should get an enclosure, too.

[Big E]

Because we haven't had this pissing match in awhile...

Part of smoking ban overruled

http://www.omaha.com/article/20110127/N ... -overruled

Cigar bars and almost all exceptions to the state's 2-year-old smoking ban would be snuffed out if a judge's ruling in Lincoln this week stands.

Lancaster County District Judge Jodi Nelson, citing a 2008 court ruling on Omaha's smoking ban, ruled that exempting places such as cigar bars, designated rooms in hotels and smoke shops was unconstitutional “special legislation” for a specific group.

[Seth]

Because we haven't had this pissing match in awhile...

Part of smoking ban overruled

http://www.omaha.com/article/20110127/N ... -overruled

Cigar bars and almost all exceptions to the state's 2-year-old smoking ban would be snuffed out if a judge's ruling in Lincoln this week stands.

Lancaster County District Judge Jodi Nelson, citing a 2008 court ruling on Omaha's smoking ban, ruled that exempting places such as cigar bars, designated rooms in hotels and smoke shops was unconstitutional “special legislation” for a specific group.

This will be in interesting one to watch.  I'm a nonsmoker and I appreciate breathing clean air when I go to a bar or restaurant, but I think the anti-smoking thing is getting out of hand.  You can't even smoke at Iowa rest stops unless you're in your car!  I'm surprised the signs don't say "with your windows rolled up."  If any business should be able to allow smoking, I think it should be one that focuses on smoking.  How many nonsmokers are going to cigar bars and cigarette stores anyway?

[joeglow]

 How many nonsmokers are going to cigar bars and cigarette stores anyway?

EXACTLY.  To me, it has gotten a little gestapo.  I will occasionally buy a cigar at La Cubana (different name now, I think) on 108th and Mockingbird.  They have a nice, old school, back room with leather furniture and a flat screen.  This was intended as a place that customers could buy a cigar and sit down with a group of friends and smoke one.  Apparently, this is illegal because a non-smoker has the right to go into this guys private business and buy smoking products without having to deal with smoke.  It is insane.

[Big E]

I would probably compromise with the folks that make this argument if they were also on board with legalizing marijuana, et al, and treating it the same (ie, pot bars).

Unfortunately, illegal means illegal.  Always.  Under no circumstances can there be any grey area.  Unless, of course, I happen to like what's illegal and want an exception for my behavior.  Illegal should only mean illegal for all that other illegal stuff I don't like.

Please note, though, while I disagree with the exemptions, at no point was I nor am I pushing for their repeal (I'm also not disagreeing with it, either).  I thought the ban did a good enough job as is.  That being said, I'm still a bit baffled anyone would open a business dependent on smoking on premises knowing full well this case was pending and very likely to have this result.

[OmahaBen]

Because we haven't had this pissing match in awhile...

Part of smoking ban overruled

http://www.omaha.com/article/20110127/N ... -overruled

Cigar bars and almost all exceptions to the state's 2-year-old smoking ban would be snuffed out if a judge's ruling in Lincoln this week stands.

Lancaster County District Judge Jodi Nelson, citing a 2008 court ruling on Omaha's smoking ban, ruled that exempting places such as cigar bars, designated rooms in hotels and smoke shops was unconstitutional “special legislation” for a specific group.

This will be in interesting one to watch.  I'm a nonsmoker and I appreciate breathing clean air when I go to a bar or restaurant, but I think the anti-smoking thing is getting out of hand.  You can't even smoke at Iowa rest stops unless you're in your car!  I'm surprised the signs don't say "with your windows rolled up."  If any business should be able to allow smoking, I think it should be one that focuses on smoking.  How many nonsmokers are going to cigar bars and cigarette stores anyway?

The rationale I've always heard is that the laws aren't really for the benefit of the customers, but for the health of the workers. Which is why exemptions are almost always struck down when challenged, because why should a worker in a bar that serves food be covered but a worker in a bar that doesn't serve food be exempt and subject to secondhand smoke.

[joeglow]

The rationale I've always heard is that the laws aren't really for the benefit of the customers, but for the health of the workers. Which is why exemptions are almost always struck down when challenged, because why should a worker in a bar that serves food be covered but a worker in a bar that doesn't serve food be exempt and subject to secondhand smoke.

That is what I heard as well.  However, lets also require buildings to be no taller than 2 stories.  That way, the workers are at a lower risk of falling from a high rise (how many have died thus far in building City Center in Vegas).  Lets also ban mining, as that job is too dangerous.

The problem with most of the logic people use, is it falls apart when applied to other areas.  Anyone who works at a cigarette shop and then whines about the dangers of them being around smoke NEEDS to get a different |expletive| job.  

I would much rather someone just be honest and say "I hate smoke and want to make sure I can inconvenience anyone who smokes as much as I can.  Doesn't matter how irrational it is, if inconveniences you because of your habit, I support it."

[Big E]

"I hate smoke and want to make sure I can go through my life without having to go out of my way to not breathe someone else's poison."

I'll compromise and concede smoking in restaurants, bars and all privately owned businesses if they are willing to take steps to keep the smoke inside the building.  Additionally, stop smoking everywhere else everywhere outside (public or private), including cars with the windows rolled down.

[S33]

I see people puffing on those e-cigarettes indoors all the time now. From what I hear, those things are pretty much risk-free, produce a clean, H2O vapor that resembles smoke. Everyone who I have seen using it, says they are a godsend. Basically, they satisfy any nicotine fix from a cig and the obvious oral fixation, but has none of the harmful carcinogens or poisons from an actual cigarette.

Instead of the government trying to ban those for obvious [revenue] reasons, how about they subsidize those things (yeah I |expletive| said it)  and get everyone in every income bracket in this damn country off those nasty cigarettes.

Maybe, if enough people quit, we can put an end to all of the crazy laws and ordinances involving cigarettes.

[iamjacobm]

http://www.ketv.com/news/nebraska-supre ... 86#!bMzFvF

The Nebraska Supreme Court ruled Friday that the state can not allow smoking in cigar bars and tobacco retail outlets, when it bans smoking in other retail establishments.

So places like Havana Garage and Jake's in Benson might take a hit?

[bbinks]

http://www.ketv.com/news/nebraska-supre ... 86#!bMzFvF

The Nebraska Supreme Court ruled Friday that the state can not allow smoking in cigar bars and tobacco retail outlets, when it bans smoking in other retail establishments.

So places like Havana Garage and Jake's in Benson might take a hit?

That's correct.

[Coyote]

Was a bill ever passed that said no smoking within x feet of a public entrance/doorway?

[Louie]

Was a bill ever passed that said no smoking within x feet of a public entrance/doorway?

According to my eyeballs, I'd say no.

[iamjacobm]

City Council moving forward on removing language that exempts vape and e-cigarettes from being taxed the same as other tobacco products.

[Linkin5]

Reading the first page of this thread is wild.

[Uffda]

Reading the first page of this thread is wild.

Interesting how time changes attitudes and viewpoints.

[nativeomahan]

Reading the first page of this thread is wild.

Indeed. Society has changed much in the past 10-15 years, but nowhere more than the issue of tobacco. Gay rights would be #2 in my opinion.

[bigredmed1]

Reading the first page of this thread is wild.

Indeed. Society has changed much in the past 10-15 years, but nowhere more than the issue of tobacco. Gay rights would be #2 in my opinion.

The difference between them is that smoking bans never went full bore. The sexuality rights movement is not enjoying effective push back such that we see parents having to sue to keep their kids from getting hormones to reassign their gender, while smokers continue to have to smoke outside.

[Coyote]

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