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Indiana justices to rule on Evansville smoking ban

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The Indiana Supreme Court accepted two cases last week for transfer, a pair of rulings from Vanderburgh County on the city of Evansville’s ordinance prohibiting smoking in certain places.

In 2006, the Evansville Common Council adopted an ordinance that prohibited smoking in workplaces and other public places in Evansville but exempted bars, private clubs and riverboats. On Feb. 13, 2012, the council adopted City of Evansville Ordinance G-2012-1 Amended with an effective date of April 1, 2012. The amended ordinance prohibits smoking in bars and private clubs but permits smoking on riverboats.

In separate lawsuits, VFW Posts and other fraternal organizations and the owners of numerous bars sought injunctive relief and a declaratory judgment that Ordinance G-2012-1 Amended violates Article 1, Section 23 of the Indiana Constitution. The lawsuit filed by the fraternal organizations also claimed the ordinance violates Article 1, Section 9. The trial court denied relief in both cases and the Court of Appeals affirmed on Feb. 15.

The smoking-ban lawsuits, Paul Stieler Enterprises, Inc., d/b/a Harbor Bay, et al. v. City of Evansville and Evansville Common Council, 82S01-1306-CT-436; and VFW Post 2953, et al. v. City of Evansville and Evansville Common Council, 82S01-1306-PL-437, are the only cases the Supreme Court took last week; it denied transfer to 25 cases. The complete list is available on the court’s website.

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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