TOBACCO CONTROL LAWS

Paul Stieler Enterprises, Inc. v. City of Evansville and Evansville Common Council

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.

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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
View Case History

Parties

Plaintiff

  • 711 Tavern, LLC
  • American Legion Post 265
  • Amvets Post 84
  • Boone Tower, LLC d/b/a Hammerheads
  • Bucks Tavern of Evansville, LLC
  • Bush Investment, Inc. d/b/a Marigold Bar
  • DMS Investments, Inc. d/b/a Dave's Sports Den
  • Donna M. Galloway d/b/a Bedford Tavern
  • Eller Corporation d/b/a Diamond Lanes
  • Exotic She Lounge, Inc.
  • Garry Sidetrack Tavern, LLC
  • Germania Maennechor
  • Gloria's Corrall Club, Inc.
  • Jackie's Tavern, Inc., d/b/a Corner Pocket
  • Jimsam, LLC d/b/a Hobo Jungle
  • JLK Bar Holdings, Inc. d/b/a Ricks 718 Bar
  • L & D Williams Enterprises, LLC d/b/a Bob's Lounge
  • Lanhuck's Enterprises, Inc.
  • Leroy's Tavern, LLC
  • Lyle & Bills Sportszone Pizza and Pub
  • Old Tyme Service, Inc., d/b/a Ye Olde Tyme Tavern
  • Owls Nest # 30
  • Paul Stieler Enterprises, Inc., D/B/A Harbar Bay
  • Peephole Bar & Grill, LLC
  • Playgirl, Inc. d/b/a The Lucky Lady
  • Rick's Sports Bar and Family Room, Inc.
  • River City Eagles 4023
  • Riverbend Association
  • Roca Bar of Evansville, Inc.
  • Scores, Inc.
  • Shorty's Development, LLC d/b/a Shorty's Bar
  • The Council of Clubs
  • Thomas J. Tanoos d/b/a Stockyard Inn
  • VFW Post 1114
  • VFW Post 2953

Defendant

  • City of Evansville
  • Evansville Common Council

Legislation Cited

Equal Priviliges and Immunities Clause, Indiana Constitution

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Equal Protection
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.

Type of Tobacco Product

None

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