Indianapolis smoking ban upheld by Indiana Supreme Court

INDIANAPOLIS (AP) - Indianapolis' smoking ban has been upheld by the Indiana Supreme Court.

The court ruled Monday that it isn't a violation of the state constitution to ban smoking in restaurants and bars and allow it in satellite gambling facilities, The Indianapolis Star (http://indy.st/1oSNgLS ) reported.

Under the city's ordinance, smoking is prohibited in bars, restaurants serving only customers 18 and older, bowling alleys, hotel and motel rooms, nursing homes and most other workplaces. But certain establishments, such as satellite gambling facilities and hookah bars, are exempt from the smoking ban.

The owners of two Indianapolis bars, Whistle Stop Inn and Thirsty Turtle, filed a lawsuit in an effort to end the ban. They argued that the exemption violates a clause in the Indiana Constitution that prevents the government from treating citizens or classes of citizens in a discriminatory manner.

The Indiana Court of Appeals found in June that it was unconstitutional to treat bars and restaurants differently from a satellite gambling facility because the "disparate treatment is not reasonably related to the inherent differences" between them.

But the Indiana Supreme Court unanimously reversed the lower court's decision after it found that bars and restaurants are inherently different from off-track betting facilities.

In order to be licensed, off-track gambling facilities must fulfill certain requirements, including providing description of their heating and air-conditioning units, smoke removal equipment and other climate control devices.

Satellite gambling facilities "are significantly different from bars and restaurants - they are distinct types of businesses with separate licensing requirements and provide different services," Justice Brent Dickson wrote in the state Supreme Court's opinion.

The bar owners also argued that the decision to exempt off-track betting facilities from the smoking ban was driven by financial and economic gains. But Dickson determined that the purpose of the ordinance was "to protect the public health and welfare" of nonsmokers.

When the ordinance was passed in 2005, smoking was allowed in bars and taverns with liquor licenses. The city amended it in 2012 to remove bars and taverns from the exemption.

The bar owners have the option of asking the Indiana Supreme Court for a rehearing.

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Information from: The Indianapolis Star, http://www.indystar.com