# Barber-themed bar renames to 'Censored Shop' amid First Amendment battle  
**Published:** 2026-05-12T10:15:47.000Z  
**Source:** [Nebraska Examiner](https://nebraskaexaminer.com/2026/05/12/barber-shop-bar-changes-name-to-censored-shop-to-avoid-state-backlash-but-legal-battle-ensues/)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://lincolne.news/article/barber-themed-bar-renames-to-censored-shop-amid-first-amendment-battle

An Omaha speakeasy bar has temporarily changed its name to "Censored Shop" after a federal judge blocked its effort to continue operating as the Barber Shop Blackstone, paving the way for potential state fines and criminal charges against its sibling owners. The decision has sparked a First Amendment legal battle backed by a national free speech organization.

The DiGiacomo siblings—Mike, Dominic, and Jaclyn Oltmans—renamed the barber-themed cocktail lounge in honor of their father, Don DiGiacomo, who operated a [barbershop in the same Blackstone District building for nearly 50 years](https://nebraskaexaminer.com/2026/02/18/blowup-over-omaha-bars-barber-themed-name-and-decor-has-landed-in-court/). Located near 40th and Farnam Streets, the intentionally discreet establishment serves drinks with names like "Scotch and Scissors" and the "Barber's Flight" through a back-alley entrance marked with a small barber pole.

[U.S. District Court Judge Brian Buescher rejected the owners' request for a preliminary injunction on April 20](https://storage.courtlistener.com/recap/gov.uscourts.ned.110374/gov.uscourts.ned.110374.33.0.pdf), determining that use of the word "barber shop" and the barber pole constituted inherently misleading commercial speech that violated [Nebraska's Barber Act, which prohibits unlicensed entities from using the title or displaying barber poles](https://nebraskalegislature.gov/laws/statutes.php?statute=71-201). The law, first enacted in [1927](https://nebraskalegislature.gov/laws/display_html.php?begin_section=71-201&end_section=71-248), aims to protect consumers from unlicensed barbers.

Facing potential "ruinous fines and even jail time," the family acquiesced to state demands. The barber pole is now "blacked out," and the establishment operates under its temporary new name. But the legal fight continues. The bar's legal team plans to file an appeal of Buescher's decision, with the [Institute for Justice](https://ij.org/), a national public interest law firm, now joining the case alongside the University of Nebraska College of Law's First Amendment Clinic.

Robert McNamara, deputy litigation director for the Institute for Justice, argued the case represents government overreach. "The government can regulate a business' name to protect consumers from fraud or confusion," McNamara said, "but it doesn't have a free hand to take words out of the dictionary and put them under the control of a state board."

The dispute stemmed from a complaint by a licensed barber in the Blackstone district who took issue with social media marketing mentioning "special guest barbers." State officials argued the bar's vintage barber chair, straight razor imagery, and the pun-filled slogan "Where the Buzz is Real" created consumer confusion about whether haircuts were offered.

The owners maintain their marketing clearly indicated the establishment serves cocktails, not haircuts. Judge Buescher acknowledged the pun would confuse consumers unfamiliar with the bar's true nature, writing that "one would have to know that this ostensible barber shop is actually a bar to understand the pun." To this, McNamara responded: "Your free speech rights shouldn't hinge on whether government officials get your jokes."

## Sources

- [Nebraska Examiner](https://nebraskaexaminer.com/2026/05/12/barber-shop-bar-changes-name-to-censored-shop-to-avoid-state-backlash-but-legal-battle-ensues/)
- [Nebraska Examiner article on the original court filing](https://nebraskaexaminer.com/2026/02/18/blowup-over-omaha-bars-barber-themed-name-and-decor-has-landed-in-court/)
- [Judge Buescher's April 20, 2026 decision denying preliminary injunction](https://storage.courtlistener.com/recap/gov.uscourts.ned.110374/gov.uscourts.ned.110374.33.0.pdf)
- [Nebraska Barber Act - Licensing and display requirements](https://nebraskalegislature.gov/laws/statutes.php?statute=71-201)
- [Institute for Justice - National public interest law firm](https://ij.org/)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from Nebraska Examiner, enriched with 2 web searches. The original source is available at https://nebraskaexaminer.com/2026/05/12/barber-shop-bar-changes-name-to-censored-shop-to-avoid-state-backlash-but-legal-battle-ensues/.