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Wednesday, June 24, 2015

Ind. Decisions - COA issues rulings in Evansville gun case and Indy smoking ban case today

The opinions and ILB summaries are here, Magenheimer and Whistle Stop Inn.

Mark Wilson reports in the Evansville Courier & Press:

The Indiana Court of Appeals has ruled unanimously that a local man’s lawsuit against the City of Evansville can continue.

Benjamin Magenheimer was removed from Mesker Park Zoo while openly wearing a handgun in 2011. A Vanderburgh Circuit Court judge ruled against the city’s motion to dismiss the lawsuit and the appeals court agreed to hear the city’s appeal.

Magenheimer’s lawsuit was filed in September 2011 under Indiana’s Firearms Preemption Act barring local governments from regulating guns, which had only been in effect a few months at the time. He contends the city violated that law when he was removed from the zoo.

City attorneys argued Magenheimer should have filed the lawsuit as a tort claim, the legal means by which citizens can sue government agencies or their employees. If so, the city argued, Magenheimer’s claim would be invalid because he did not serve proper notice of it under that law’s conditions.

Magenheimer’s attorney, Guy Relford, of Indianapolis, argued the state statute included language allowing adversely affected individuals to bring such lawsuits.

The Court of Appeals sided with Magenheimer that the lawsuit did not fit under the Indiana Tort Claims Act.

David Barras reports for WISHTV 8:
INDIANAPOLIS (WISH) An off track betting facility in downtown Indianapolis will have to go smoke free, just like other Marion County restaurants and bars.

In a ruling released Wednesday by the Indiana Court of Appeals, the court found the exception to the no smoking law for the OTB site is unconstitutional.

The court said, ” because it treats satellite facilities differently than bars and restaurants and this disparate treatment is not reasonably related to the inherent differences between the two entities. Therefore, we sever the exception from the Indianapolis No Smoking Ordinance.”

Several bars and tavern owners have been fighting to overturn the Marion County law since it was passed in 2012. Ironically, the court ruled that the smoking ban for the bars and taverns is constitutional.

Posted by Marcia Oddi on June 24, 2015 03:40 PM
Posted to Ind. App.Ct. Decisions