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WHISTLE STOP INN v. CITY OF INDIANAPOLIS

No. 49A02-1407-MI-519.

36 N.E.3d 1118 (2015)

WHISTLE STOP INN, INC., and Louise Liford d/b/a Thirsty Turtle, Appellants-Plaintiffs, v. CITY OF INDIANAPOLIS, Mayor Greg Ballard, Indianapolis City-County Council, Appellees-Defendants and Hoosier Park, LLC, Appellee-Intervening Defendant.

Court of Appeals of Indiana.

June 24, 2015.

Attorney(s) appearing for the Case

Mark Small , Indianapolis, IN, Attorney for Appellants.

Andrew P. Seiwert , Adriana Katzen , Amanda J. Dinges , Office of Corporation Counsel, Indianapolis, IN, Attorneys for Appellee City of Indianapolis, Mayor Greg Ballard, Indianapolis City-County Council.

A. Scott Chinn , Anne K. Ricchiuto , Faegre Baker Daniels LLP, Mark Crandley , Barnes & Thornburg LLP, Indianapolis, IN, Attorneys for Appellee Hoosier Park.

In this case we consider whether an exception to the Indianapolis No-Smoking Ordinance is constitutional. The Indianapolis No-Smoking Ordinance generally prohibits smoking in public places, but it also contains several exceptions to this rule. For example, tobacco retail stores and fraternal clubs whose members vote to allow smoking...

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