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 ...
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