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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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