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Wednesday, March 06, 2013
Ind. Courts - More on: Over a dozen challenges filed in federal court to Indianapolis smoking ban
Updating this ILB entry from June 13, 2012, the City of Indianapolis' smoking ban now has been upheld by the United States District Court - here is the WTHR report.
Here is the 33-page March 6th opinion in Goodpaster v. City of Indianapolis, where Chief Judge Young concludes:
Plaintiffs have not established actual success on the merits of their claims. The 2012 Smoking Ordinance advances the public interest, and the legislative choice to include bars and taverns is constitutionally sound. Even if Plaintiffs could succeed on the merits, Plaintiffs have not established that the balance of harms weighs in their favor.IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiffs’ Motion for a Preliminary and Permanent Injunction is DENIED and that judgment on the merits shall issue in favor of the Defendants and against the Plaintiffs.
Posted by Marcia Oddi on March 6, 2013 06:36 PM
Posted to Ind Fed D.Ct. Decisions