Smoking bus survives legal fight

LINCOLN, Neb., March 2 (UPI) -- The owner of a smoking bus parked outside a Lincoln, Neb., diner has won the latest round in what could be a long legal battle with the city.

Gary Walker calls the bus parked near the HiWay Diner the "Freedom Flyer," the Lincoln Journal Star reported. The bus gets electricity from the diner, which is owned by Walker's son, and is equipped with tables, chairs and ashtrays, although there is no food service. Lincoln's ban on smoking in bars and restaurants took effect in January 2005.

A district judge recently upheld a lower court ruling that the bus is not in violation of zoning ordinances.

City Attorney Dana Roper said Lincoln does not plan to appeal. But Walker believes he faces more legal problems and told the newspaper he believes the city is trying to force him into an expensive legal fight.

Roper denied any ill intent, saying Lincoln was obliged to pursue what appeared to be a violation. But he agreed Walker may not have heard the last of him.

"He may be in violation of other ordinances that we'll have to pursue," said Roper.