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Judge upholds Delaware County smoking ban

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Delaware Circuit Judge Marianne Vorhees refused to strike down an ordinance passed this summer by the county commissioners that enhanced the county’s smoking ban by prohibiting smoking in bars and private clubs. In her ruling Wednesday, she said those who are unhappy with the ordinance should use the political process to try to change it.

The Delaware County Licensed Beverage Assoc., along with four American Legion posts and Low Bob’s Tobacco, filed a lawsuit against the Delaware County Board of Commissioners and the county health board claiming the enhanced ordinance is unconstitutional under the state and federal constitutions.

The plaintiffs took issue with the evidence relied upon by the county commissioners to pass the ordinance. Vorhees found that the commissioners had reliable scientific evidence on which to base their conclusion that secondhand smoke causes disease in nonsmokers and that the public interest would be served by eliminating secondhand smoke in public places.

The judge noted in her order that the Delaware County Health Department provided evidence showing no bar/restaurant had gone out of business since the ordinance’s effective date, and that in fact, 21 new restaurants had opened in the county since the ordinance went into effect, with eight of those serving alcohol.

Vorhees saw the issue as ultimately a political one. She wrote if people aren’t satisfied with the decisions made by the county commissioners, they can use the political process to change or repeal the ordinance. She then pointed out she wasn’t advocating that voters remove any of the commissioners because they passed the ordinance.

“This Court will decline to find the ordinance at issue unconstitutional … But the Court hopes Plaintiffs will seek review by a higher court. The appellate courts in Indiana have not addressed this issue. These courts may see the issue in a different light from the trial court,” she wrote.

 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

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