TOBACCO CONTROL LAWS

Big John's Billiards Inc. v. State of Nebraska et al.

A smoke-free law prohibited smoking in public places and places of employment, except for certain facilities, including: (1) certain guestrooms in hotels and lodging, (2) tobacco retail outlets, and (3) cigar bars.  A billiards hall challenged the law, because the law prohibited smoking in some places but not others, which could be considered discriminatory (here called "special legislation"). The court found that the similarity between guestrooms and private residences was sufficient to allow smoking.  By contrast, tobacco retail shops and cigar bars must be treated the same as other public places and work places under the law, so the exceptions allowing smoking there were unconstitutional.  The court also found that the smoke-free law was not a regulatory taking and did not impair contract rights.  The unconstitutional provisions were severable, so the rest of the smoke-free law was upheld.

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Big John's Billiards, Inc. v. State of Nebraska et al., and Douglas County Health Dep't., 288 Neb. 938 (Aug. 29, 2014)

  • United States
  • Aug 29, 2014
  • Supreme Court of Nebraska

Parties

Plaintiff Big John's Billiards, Inc., A Nebraska Corporation

Defendant

  • Douglas County Health Department
  • State of Nebraska

Legislation Cited

Nebraska Clean Indoor Air Act

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Property
A violation of property rights, sometimes in the form of an expropriation or a taking by the government. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

Cigars, cigarillos, bidis, and other similar products
Any combustible tobacco product that is designed to be smoked – other than cigarettes – including cigars, cigarillos, little cigars, blunts, and bidis or beedis (small, flavored filterless Indian cigarettes).
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