Indiana Supreme Court upholds Indy smoking ban
The Indiana Supreme Court has upheld Indianapolis' smoking ban, signaling what could be an end to a legal feud over the controversial ordinance.
Prohibiting smoking in bars and restaurants while allowing it in satellite gambling facilities does not violate the Indiana Constitution, the state's highest court ruled Monday. The decision comes several months after the Indiana Court of Appeals found the nonsmoking ordinance unconstitutional.
The city's ordinance prohibits smoking in bars, restaurants serving only customers 18 and older, bowling alleys, hotel and motel rooms, nursing homes and most other workplaces. However, it exempts certain establishments, such as cigar and hookah bars and satellite gambling facilities, including Winner's Circle Pub, Grille & OTB on Pennsylvania Street.
In an effort to end the ban, the owners of two Indianapolis bars filed a lawsuit against city officials and Hoosier Park LLC, which owns Winner's Circle. Whistle Stop Inn and Thirsty Turtle argued that the exemption violates the Equal Privileges and Immunities Clause of the Constitution, which prevents the government from treating citizens or classes of citizens in a discriminatory manner.
Last June, the appeals court found that treating a satellite gambling facility differently from bars and restaurants was unconstitutional because the "disparate treatment is not reasonably related to the inherent differences between the two entities."
The Supreme Court disagreed, finding that off-track gambling facilities are inherently different from bars and restaurants and unanimously reversing the lower court's decision.
Indianapolis off-track betting facility must ban smoking, court rules
Off-track gambling facilities must fulfill certain requirements, such as providing a description of the heating and air-conditioning units, smoke removal equipment and other climate control devices, in order to be licensed.
"(S)atellite gambling facilities are significantly different from bars and restaurants — they are distinct types of businesses with separate licensing requirements and provide different services. The applicable licensing requirements and regulations are not arbitrary, but are tailored to the type of business," Justice Brent Dickson wrote in the 11-page opinion.
The plaintiffs also argued that exempting off-track betting facilities from the smoking ban was driven by financial and economic gains. However, Dickson wrote, the purpose of the ordinance was not economic, but "to protect the public health and welfare" of nonsmokers.
Mark Small, who represents the two bars, said his point has been that smoking is not an integral part of gambling and drinking.
"Indiana statute banned gambling for years. It wasn't until 1988 that we even allowed it in the state of Indiana, and that was for horse racing," Small said. "But smoking and drinking were allowed before that. There's no joinder there."
Small also said he's disappointed with the court's decision, but he's not surprised.
"I'm arguing for people who want to smoke tobacco," he said. "I was realistic about what I anticipate the court's decision would be.
Mark Crandley, Hoosier Park's attorney, did not return a call seeking comment.
City-County Councilman Jeff Miller said he was surprised with the ruling and pleased with the Supreme Court's view that the smoking ban does not violate the state constitution.
"Obviously, that's what we thought was the case when we passed it," Miller said, adding that he understands why people argued otherwise.
The ordinance, originally passed in 2005, did allow smoking in bars and taverns with liquor licenses. But in 2012, city officials amended the ordinance and removed bars and taverns from the exemption, while allowing smoking in satellite gambling facilities.
Former Mayor Greg Ballard and the Indianapolis City-County Council also were named as defendants in the lawsuit.
Winner's Circle is the only off-track betting facility in Indianapolis.
The plaintiffs have the option of asking the Supreme Court for a rehearing. Small declined to comment on what the next step would be for his clients.
Call IndyStar reporter Kristine Guerra at (317) 444-6209. Follow her on Twitter: @kristine_guerra.
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