VFW Post v. City of Evansville

The City of Evansville enacted a smoke-free ordinance banning smoking in workplaces and other public places within the city limits with the exception of riverboat casinos.  Several private fraternal organizations and tavern owners challenged the law as a violation of the Indiana Constitution.  The plaintiffs claimed the ordinance violated the Privileges and Immunities clause by allowing the exception for the riverboat casinos and infringed their Right to Speak.  Giving broad deference to the legislature of the city, the Court of Appeal affirmed the trial court’s dismissal of the case.  The court said the private clubs were not similarly situated as the casino and the prohibition on smoking was incidental to their freedoms to speak and assemble.