ILNews

Judge upholds Delaware County smoking ban

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

ADVERTISEMENT