Federal court upholds Indianapolis smoking ban

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A federal court has upheld Indianapolis’ smoking ban.

Bar owners challenged the measure, which went into effect last year and expanded the existing smoking ban to include bars, restaurants, bowling alleys and hotel rooms.

The bar owners said they’ve seen a 60-percent drop in business since that ban went into place and filed for an injunction. They also said they’ve had to cut back hours and lay off employees as a result of the ban, moves they worried would eventually force them to close their businesses. They also criticized secondhand smoke studies cited to justify the ban, calling them “junk science.”

In the ruling, the court concluded that the plaintiffs “have not established actual success on the merits of their claims.” The opinion concluded that the smoking ordinance “advances the public interest and the legislative choice to include bars and taverns is constitutionally sound.”

30 comments

  • CONCERNED

    What a crock!!!! It is just amazing that so many of us are still alive!!! They are taking away the rights of smokers for NO reason!!!!! I say that the MINORITY (NON-SMOKERS) can find an establishment that is smoke free…… Allow each individual owner of these businesses to decide whether they wish to be a smoking club or not!!!!!! OPPRESSION SUCKS!!!!!!!!!!

  • Danny

    Vote the Dems out of the CIty council then the nanny law can be put in line with the states smoking ban…Its the only way…Get off your asses and VOTE!

    • meself

      the smoking ban was started during a Republican term in office, this is trying to overtirn that ruling.

  • Gat Monkey

    "! OPPRESSION SUCKS!!"

    It sure does. I feel oppressed when one of you addicts start whining about having a right to pollute the air. I feel oppressed when one of you junkies fill the air with your filthy smoke. I feel oppressed when I'm forced to breathe your cancer 2 cars behind you on a summer afternoon.

    I feel oppressed when I'm forced to smell your horrible stench as you come crawling in from a smoke on a -20 day. Only a junkie would endure such hardship just to suck on something.

    I feel oppressed when I'm forced as a tax payer/insurance premium payer to subsidize your crack like addiction. What's wrong baby, you can't have fun without something in your mouth?

    • guest

      Weird how you complain about cigarette smoke but not exhaust. You apparently have your head up your ass.

      • Gat Monkey

        " but not exhaust"

        People HAVE to drive for various reasons.
        Smokers DO NOT have to smoke.

        They do so because they're weak addicted, smelly junkies who never outgrew the pacifier or their mom's teet.

        As evidenced by your banal rant, you guys clearly need a pacifier and maybe a diaper change before you got bed.

        If you pipe down, I'll let you watch the Backyardigans and turn on your mobile as I lay you in your crib.

      • dfgsj

        nobody "HAS" to drive, thats why driving pridvledges are just that, its a pridvledge. You choose to drive.

      • Sandy Girl

        What is wrong with you are you a idiot, I bet you drink and drive I do neither but I would rather be around a smoker then a drunk. Insurance would go down if the people that drink could only drink in their house and save tons of lives, a drunk wipes out a whole family at on time. You see people coming out of bars and you know they should not drive but being drunk effects their brain and jumps in and drives. It makes me sick, just because you don't do something then it shouldn't be done. like I said I don't smoke but if I had my rights I would rather be around a smoker then a stupid drunk.

      • Gat Monkey

        "Insurance would go down if the people"

        Please share your data that supports auto insurance rates will drop if people that drink and drive would just stop. Do you have a link, if so please post it.

        You know you're full of it.

        Health insurance rates would drop if junkie like smokers would quit.

        Here's some real data to ponder. Don't worry, I won't let facts mess up your stupid argument.

        Second hand smoke deaths per year 42,000
        Drunk driving deaths (2011) 9,878

        Sources:
        http://www.cdc.gov/tobacco/data_statistics/fact_s
        http://www.madd.org/blog/2012/december/drunk-driv
        http://www.livescience.com/23562-secondhand-smoke

    • Kay

      LOL I bet you are a drunkard and drink and drive, they kill more people then smokers, oh by the way I don't smoke

      • Gat Monkey

        "they kill more people then smokers"

        Kay, please show your data to support your nonsense. Personally I could care less if smokers want to kill themselves slowly. Just don't take others with you.

        Don't come into the workplace subjecting the rest of us to your stench, the horrible sounds of your lungs hitting the floor after you cough them up.

        And when it's time to die a horrible lung cancer or emphysema death, please do so quietly, please don't ask the rest of us to subsidize your treatment as you forced us to subsidize your smoke filled life.

        Thanks Starlett, this stat thing is really cool!

        Second hand smoke deaths per year 42,000
        Drunk driving deaths (2011) 9,878

        Sources: http://www.cdc.gov/tobacco/data_statistics/fact_s…. http://www.madd.org/blog/2012/december/drunk-driv…. http://www.livescience.com/23562-secondhand-smoke….

  • trendoid7

    I didn’t think I (non-smoker) was a minority. Nazi? Sorry, I don’t like breathing smoke while I work, eat or drink. I’m so glad cities like Indy have these laws. I travel a lot and it was weird seeing smoking bans elsewhere first.

  • Smokeless

    Just switch over to electronic cigs and you don't have to worry about it. There are tons of brands available and they will save you lots of money and not harm your heath either, or offend or harm others as well.

    • afhjaskmjas

      electronic cigs are under all the BANS aswell, even though there is not smoke just water vapor, explain that

    • chachie

      How about the drunks cost more then smoking bad for your health so why isn't about these drunks you can't go on the road without worring about a drunk out their killing people

  • Guest

    Seriously!!!! Indiana needs to catch up. California was able to pass their smoking bans w/o problems. There is even a city in Calif that the only place you can smoke is on your property, no smoking allowed anywhere! Why not put that energy into quit smoking and get yourself moving–exercise those lungs. These establishments that you talk about might get better business when they clean up their acts because they might get non smokers to come to their business. They are only shooting themselves in the foot by limiting their clients.

    • ahah

      why not get a life, some of us who do smoke have better oxygen levels than non-smokers do purely because we exercise our lungs more

      • Gat Monkey

        "do smoke have better oxygen levels than non-smokers"

        Many of you don't which is cool. What's not cool is you feel you have the right to mess with the lungs of others because it's your right.

        I have the right to eat beans and fart all day wherever I please. I don't because I have some consideration for others unlike the addicted masses of smokers.

    • mary

      lungs hell their drinking booze can't stand up, they should pass a law only drink on your own property save a hell a lot of lives, insurance would go down cause not that many accidents. Isn't the law screwie ?? most likley drunks makes the law

  • Kathleen Rozens

    I smoke and I drink. I no longer visit my good friends establishment because of not being able to smoke. I say leave it up to each establishment. If you don't like cigarette smoke then stay home! If you are a waitress and worried about your health, find another job! It has been established that smoking is bad for ones health, so is fast food. Try shutting down McDonald's and see what happens. To each his own, but leave me and my habits the hell alone!

    • Cyndy

      Well I smoke and I really dont give a rats ass who likes it or dont. I feel like this… yo ass aint buying it so go some where and shut the hell up!! Try getting your own skeletons out yo closests such as working on why you worried about the next one when you and made good on your own bad habits!! Statics that!!! GYSSB (GET YO SELF SOME BUSINESS)!! 6 months to mind yo own business and 6 months to stay da hell out mine!!

  • Lisa jones

    Nanny states…next it's a ban on large soft drinks, a ban on toys in happy meals, a ban on anything and everything the granola crowd boos and hisses at. Heaven forbid government spend their time on issues like the economy and attracting more jobs, we need them spending all their time on these smokescreen nanny legislations to appease the whiners.

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