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PAUL STIELER ENTERPRISES, INC. v. CITY OF EVANSVILLE

Nos. 82S01-1306-CT-436, 82S01-1306-PL-437.

2 N.E.3d 1269 (2014)

PAUL STIELER ENTERPRISES, INC., d/b/a Harbor Bay, et al., Appellants (Plaintiffs), v. CITY OF EVANSVILLE and Evansville Common Council, Appellees (Defendants). VFW Post 2953, et al., Appellants (Plaintiffs), v. City of Evansville and Evansville Common Council, Appellees (Defendants).

Supreme Court of Indiana.

February 11, 2014.

Attorney(s) appearing for the Case

Charles L. Berger , Berger and Berger, Evansville, IN, Attorney for Appellants.

Allyson R. Breeden , Keith W. Vonderahe , Robert L. Burkart , Ziemer Stayman Weitzel & Shoulders, LLP, Evansville, IN, Attorneys for Appellee, City of Evansville.

John A. Hamilton , Scott A. Danks , Danks and Danks, Evansville, IN, Attorneys for Appellee, Evansville Common Council.

Mark J. Crandley , Barnes & Thornburg LLP, Indianapolis, IN, Attorney for Indiana Assoc. of Cities and Towns and the Indiana Municipal Managers Assoc.

DICKSON, Chief Justice.

The Equal Privileges and Immunities Clause, Article 1, Section 23 of the Indiana Constitution, prohibits the "grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens." Today we hold that this clause invalidates an Evansville ordinance expanding the city's smoking ban to bars and restaurants but exempting its only riverboat casino ("the Casino").

In 2012...

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