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Thursday, December 22, 2011

Ind. Courts - More on: Trial in Delaware County on suit that seeks to overturn smoking ban there

Updating this ILB entry from Dec. 17th, the Muncie Star Press has an editorial today headed "Court's ruling might not settle smoking ban issue." Some quotes:

Delaware County's ban on smoking in public places survived its latest legal challenge, but the issue might face additional challenges.

Circuit Court 1 Judge Marianne Vorhees ruled in favor of the Delaware County commissioners and health board, denying a permanent injunction against a smoking ban in bars and fraternities, a ban designed to protect patrons and staff from the harmful effects of second-hand smoke.

The result should not be that surprising, since similar smoking bans have been upheld in locations outside Indiana. But the judge's ruling encouraged the plaintiffs -- Delaware County Licensed Beverage Association, three American Legion Posts, AmVets Post 12 and Low Bob's Tobacco -- to seek a review by a higher court. Vorhees' ruling noted the appellate courts in Indiana have not addressed this issue.

The linchpin over what happens next could lie in the state legislature. Lawmakers seem willing to act on a statewide smoking ban before the Super Bowl on Feb. 5. What is uncertain, however, is whether there will be exemptions for clubs and organizations, or whether state law would take precedence over local ordinances. And even if the state passes a smoking ban, it could face legal challenges of its own. [ILB emphasis]

Later in the editorial:
One key argument against the ordinance was the harmful effect the smoking ban had on existing bars. Noted in Vorhees judgment was testimony and data showing no bar or restaurant has gone out of business since the ordinance was passed except for one that closed because of other factors. "On the other hand," the judge wrote, "21 new restaurants have opened in Delaware County since the ordinance went into effect, and eight of those serve alcohol."
Here is a link to Judge Vorhees' 10-page ruling of Dec. 21, 2011.

Posted by Marcia Oddi on December 22, 2011 09:42 AM
Posted to Ind. Trial Ct. Decisions