Your favorite bar may soon be smoky again. The Indiana Supreme court has struck down Evansville’s smoking ban on a 3-to-2 vote.
The majority on the state’s high court cited the Indiana Constitution's Equal Privileges and Immunities Clause. It prohibits giving any citizen or class of citizen privileges or immunities not extended to everyone.
The majority ruled the clause invalidates the Evansville ordinance that bans smoking in bars, restaurants, and private clubs, but not the city’s riverboat casino.
The city ordinance is more stringent than the statewide ban, which exempts bars, clubs, tobacco stores, and casinos.
Indiana Supreme Court justices heard arguments in the Evansville case in October, seven months after the state Court of Appeals had rejected the challenge from a group of bar, restaurant, and club operators.