Paul Stieler Enterprises, Inc. v. City of Evansville and Evansville Common Council
Paul Stieler Enters., Inc. v. City of Evansville, Nos. 82S01-1306-CT-436 and 82S01-1306-PL-437 (Ind. 2014).
- United States
- Feb 11, 2014
- Indiana Supreme Court
Paul Stieler Enters., Inc. v. City of Evansville, Nos. 82S01-1306-CT-436 and 82S01-1306-PL-437 (Ind. 2014).
A number of bars and fraternal organizations sued the city of Evansville challenging its ordinance prohibiting smoking in bars and restaurants but exempting riverboat casinos. The state Supreme Court overturned an earlier decision and struck down the ordinance. The court said that the ordinance violates the Equal Privileges and Immunities Clause of the state constitution because it gives an advantage to the riverboat casino – an exemption from the smoking ban – that is not provided to similarly situated bars and clubs. Because the court found that the exemption for riverboat casinos could not be separated from the main ordinance it struck down the entire ordinance as unconstitutional.