A Marion County judge has upheld Indianapolis’ smoking ban. The folks over at ILB have a copy of the order. The primary issue was whether or not exemptions for certain locations (i.e., tobacco stores, OTB parlors and private clubs) violate the Indiana Constitution. The judge ruled that they do not.
The exemptions are similar to those found in Allen County and Fort Wayne ordinances.
Since the Indiana Supreme Court has already overturned an Evansville ordinance that exempted a riverboat casino, there is a legitimate question as to whether or not the Marion County court was correct to distinguish OTB parlors from riverboat casinos. The guess here: the Supreme Court will be deciding this case eventually.