List
of businesses in Omaha
that may allow
smoking under the
Omaha Smoke-Free Ordinance.
Updated:
July 15, 2008
<>Thanks to
Shelly Hug and the Marylebone the temporary smoky
exceptions in the Omaha Smoke-Free Ordinance have been declared
unconstitutional
by the Nebraska Supreme Court. They filed suit against the City of
Omaha on
July 23, 2006. Please thank Ms. Hug for taking this action by going to
her
restaurant at 3710 Leavenworth Street in Omaha for lunch or dinner.<>On May 30, 2008 the Nebraska Supreme
Court ruled
in favor of
citizens’ right to breathe clean air in Omaha. They ruled that the
temporary
exemptions in Omaha’s ordinance, which allowed smoking in bars,
restaurants
with keno, Horsemen’s Park and tobacco stores, are unconstitutional.
This
changed the Omaha ordinance so all of those businesses must be
smoke-free all
of the time, not just when they are open to the public. The 13
page
Supreme Court ruling may be found at: http://www.supremecourt.ne.gov/opinions/2008/may/may30/s07-324.pdf
On June 16, 2008 Judge John D. Hartigan, Jr.
issued his
ruling consistent with the Supreme Court order, removing the temporary
smoky
exemptions from Omaha’s smoke-free ordinance. From that date, just
about every
business in Omaha should be 100 percent smoke free.
If you know
of a business inside of Omaha that is allowing
smoking inside their building or vehicles, please let GASP know by
sending an
email note to info@OmahaSmokeFreeLaw.com.
The
exceptions that are still allowed in the ordinance are:
Hotels and
motels which may allow smoking only in 20% or
less of their guest rooms. Nursing homes, long-term care facilities,
and
scientific or analytical laboratories also may allow smoking under
certain
circumstances. Please refer to the Omaha Ordinance, Section 12-165.
“Where
Smoking is Not Regulated", at: www.OmahaSmokeFreeLaw.com
for more detailed information.
The following
three groups of businesses may NO LONGER
allow smoking until May 14, 2011.
1. Live and
simulcast horse racing.
2.
Restaurants with Keno.
3.
Stand-alone bars with limited food service.
4. Tobacco retail outlets, unless they
sell ONLY tobacco related products.
Thanks Shelly!