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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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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

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