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Monday, April 11, 2016

Ind. Decisions - Supreme Court decides one today, upholding Indianapolis' non-smoking ordinance that exempts satellite gambling facilities but not bars and restaurants

In Whistle Stop Inn, Inc. and Louise Liford d/b/a Thirsty Turtle v. City of Indianapolis, Mayor Greg Ballard, Indianapolis City-Council, and Hoosier Park, LLC, an 11-page, 5-0 opinion, Justice Dickson writes:

We uphold Indianapolis' non-smoking ordinance ("Ordinance"), finding that it does not violate the Equal Privileges and Immunities Clause of Article 1, Section 23 of the Indiana Constitution. While the Ordinance provides an exemption to satellite gambling facilities but not to bars and restaurants, Article 1, Section 23 does not prohibit this disparate treatment. * * *

The challenged Ordinance does not violate the Equal Privileges and Immunities Clause of the Indiana Constitution. The Ordinance's exemption for satellite gambling facilities is reasonably related to the inherent differences distinguishing satellite gambling facilities from bars and restaurants. The Ordinance also does not create a monopoly or treat similarly situated classes disparately in violation of Article 1 Section 23. We affirm the trial court's grant of summary judgment in favor of the City.

Posted by Marcia Oddi on April 11, 2016 04:25 PM
Posted to Ind. Sup.Ct. Decisions