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BIG JOHN'S BILLIARDS, INC. v. STATE

No. S-13-803.

852 N.W.2d 727 (2014)

288 Neb. 938

BIG JOHN'S BILLIARDS, INC., a Nebraska corporation, appellee and cross-appellant, v. STATE of Nebraska et al., appellants and cross-appellees, and Douglas County Health Department, appellee.

Supreme Court of Nebraska.

Filed August 29, 2014.

Attorney(s) appearing for the Case

Jon Bruning , Attorney General, Dale A. Comer , Lynn A. Melson , and Natalee J. Hart for appellants.

Theodore R. Boecker, Jr. , of Boecker Law, P.C., L.L.O., for appellee Big John's Billiards, Inc.

Heavican, C.J., Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ., and Pirtle, Judge.

Stephan, J.

The Nebraska Clean Indoor Air Act (the Act)1 prohibits smoking in public places and places of employment but exempts certain facilities from that prohibition. In this action, we are asked to determine the constitutionality of three of these exemptions. We conclude that one exemption is constitutional, but the remaining two are unconstitutional special legislation which are severable from the Act.

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