The Nebraska Supreme Court will hear the state's appeal of a judge's ruling that said exceptions listed in Nebraska's statewide smoking ban are unconstitutional.
Lancaster County District Judge Jodi Nelson ruled earlier this year in a lawsuit brought by an Omaha pool hall, which had challenged a state law enacted in 2009 that bans smoking in all public buildings and private businesses, including bars and restaurants.
The law includes exceptions for cigar bars, some hotel rooms, tobacco-only retailers and facilities that research the health effects of smoking.
But Nelson found only the exception for research facilities is enforceable. The other exceptions, she said, provide special treatment for certain businesses, which is unconstitutional.
The state's high court will hear arguments in the case Tuesday.