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Wednesday, June 13, 2012

Ind. Courts - More on: Over a dozen challenges filed in federal court to Indianapolis smoking ban

Updating this ILB entry from May 29th, David Barras reports this afternoon for WISHTV 8:

INDIANAPOLIS (WISH) - 24-Hour News 8 has learned Indianapolis bars and taverns on Wednesday re-filed their lawsuit in federal court to stop the smoking ban in Marion County. And this time, they are filing together instead of separately. * * *

While smoking bans have been upheld in other Indiana cities, attorney Mark Small, who represents the bar owners, says it's never been decided in federal court.

"The United States Court of Appeals for the seventh circuit in Chicago has not ruled on this issue,” Small said. “Nor has the United States Supreme Court. If we don't prevail here at the United States District Court we seek a certificate of applealability and take the matter to Chicago.”

Small says he is asking for emergency and expedited relief for his clients who are losing business every day the law is in effect.

Posted by Marcia Oddi on June 13, 2012 04:25 PM
Posted to Indiana Courts