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.

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VFW Post 2953, et. al. v. City of Evansville and Evansville Common Council, No. 82A01-1206-PL-255 (Ind. App., 2013)

  • United States
  • Feb 15, 2013
  • Court of Appeals of Indiana

Parties

Plaintiff

  • American Legion Post 265
  • Amvets Post 84
  • Germania Maennechor
  • Owls Nest #30
  • River City Eagles 4023
  • Riverbend Association
  • The Council of Clubs
  • VFW Post 1114
  • VFW Post 2953

Defendant

  • City of Evansville
  • Evansville Common Council

Cited Legislation

City of Evansville Ordinance G-2012-1 Amended

Indiana Constitution Article 1, Section 9 and 23

U.S. Contitution 1st Amendment

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None