An Omaha bar is asking a judge to temporarily lift the city’s smoke-free ordinance, saying it is unconstitutional to make some public places smoke-free and not others.
The current ordinance excludes keno parlors from the smoking ban.
A lawyer representing the Marylebone Tavern argued on Monday that it is unconstitutional to let some establishments off the hook while others must comply with the new ordinance.
“We basically agree with what Mayor (Mike) Fahey said back in January — if there’s going to be a ban, it ought to be across the board,” said Marylebone attorney K.C. Engdahl.
The president of an anti-smoking group also spoke on Monday.
“That’s the ultimate goal for (Group to Alleviate Smoking Pollution) to protect everybody from secondhand smoke. But this law is a huge step in the right direction,” said GASP President Mark Welsch.
If the judge grants the Marylebone a temporary restraining order, other taverns are expected to ask for the same thing. The ruling is expected later this week.
