An effort to snuff out a statewide smoking ban is still alive - for now.

A judge on Thursday did not rule on a motion from the state to reject an Omaha pool hall's request to declare the ban unconstitutional. Lancaster County District Judge Jodi Nelson instead gave attorneys on both sides two more weeks to file motions in the case.

Big John's Billiards is fighting the law that took effect June 1, saying the law's exemptions are arbitrary.

Attorneys for the state argued Thursday that the court lacks jurisdiction over both the subject matter in the case and the state itself. The state also argues that Big John's lawsuit failed to include all the parties with an interest in the case, such as local officials who enforce the law.

"It would be unwieldy and inappropriate to name every local official," responded Ted Boecker, attorney for Big John's.

The Nebraska Clean Indoor Air Act bans smoking inside all public buildings and private businesses but offers exemptions for some hotel rooms, tobacco-only retailers, private homes and facilities that do research on the health effects of smoking.

In June, Nelson denied Big John's request to suspend the ban.

An exemption for cigar bars takes effect in September.

Some opponents think that exemption is on shaky legal ground because it amounts to a special, unnecessary favor for cigar bars that conflicts with the reason for the ban: to promote public health.

Attorney General Jon Bruning's office has disagreed with that claim.

Since New York City passed its landmark ban in 2003, more than half the states either have prohibited smoking in bars and restaurants or will have by the end of the year.

Related

• Nebraska Department of Health and Human Services