State lawyers plan to appeal a judge's ruling that it's not fair to afford some businesses exceptions from the statewide smoking ban.
Lancaster County District Judge Jodi Nelson ruled against Big John's Billiards' challenge of the ban. Nelson found that Nebraska's smoking ban is a permissible, legitimate exercise of sovereign power.
But during the course of the case, Nelson also ruled that the ban's exceptions for cigar bars, tobacco stores and some hotel rooms amounted to special treatment, making them unconstitutional.
The Nebraska Attorney General's Office says it will appeal that ruling.