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Appeals court upholds Indianapolis smoking ban

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The 7th Circuit Court of Appeals Monday upheld the citywide smoking ban in most Indianapolis bars, denying the injunction request brought by several bar owners who claimed the 2012 ordinance would have a negative impact on their businesses.

The appellate judges noted the bar owners clearly established a negative economic impact as a result of the smoking ban, but a mere loss of future profits is not enough to base a takings claim.

Indianapolis Mayor Greg Ballard signed the ordinance in April 2012 that expanded citywide restrictions against indoor public smoking to include most bars. The ordinance exempts tobacco specialty bars like cigar and hookah bars, retail tobacco stores and private clubs that voted to permit smoking. The group of Indianapolis bar owners sought declaratory and injunctive relief from the ordinance, asserting due process, equal protection, takings and freedom of association claims under the federal and Indiana constitutions.

Chief Judge Richard Young in the U.S. District Court for the Southern District of Indiana denied the owners’ request for relief.

Smoking is not a fundamental right, the 7th Circuit pointed out, so the ordinance will stand if it passes rational basis scrutiny.

“There are numerous reasons the City may have chosen to limit smoking in enclosed public spaces, and the bar owners have failed to disprove all of them. … [T]he City could have determined that they wanted to limit smoking in public places because it is annoying to nonsmokers, who are not used to inhaling smoke. It could also have reasoned that by banning smoking in public places, it would encourage more smokers to quit, improving health outcomes for more than just those exposed to secondhand smoke. Whatever the City’s reasoning, the bar owners have failed to demonstrate that there is no rational basis on which a law restricting smoking in public places could be based,” Judge Michael Kanne wrote.

The appeals court also rejected the bar owners’ claim that the ordinance denies them equal protection of laws because smoking remains legal in tobacco specialty bars.

“The City thus drew a line between traditional bars, for whom tobacco sales and usage are incidental to their primary business of alcohol and food sales, and tobacco specialty bars, whose business models depend on tobacco sales. The bar owners essentially argue that this line was drawn incorrectly because it does not include their businesses, which also depend significantly upon on-site tobacco usage. But legislation ‘does not violate the Equal Protection Clause merely because the classifications [it makes] are imperfect,’” Kanne wrote, citing Dandridge v. Williams, 397 U.S. 471, 485 (1970).

The bar owners’ claims under the Indiana Constitution also failed.

The case is Wanda Goodpaster, et al v. City of Indianapolis, et al., 13-1629.

 
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

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  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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