OMAHA, Neb. — A Douglas County district judge doesn’t expect to rule on the challenge to Omaha’s smoking ban until January.
On Friday, a lawyer for the owner of the Marleybone Tavern argued that the ordinance is unconstitutional.
But District Judge John Hartigan agreed to give the city more time to build its defense. The next hearing is set for Jan. 11.
Under the ban, the Marleybone cannot allow smoking, but some competitors can. The city’s ban allows Keno parlors and bars that don’t serve food to continue permitting smoking.
