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Evansville Smoking Ban Appeals Effort Goes Down in Flames

No smoking in Evansville

It does not appear there is much hope for Evansville bar owners attempting to overturn the city wide smoking ban. Earlier last week, the Indiana Court of Appeals ruled that the smoking ban is to remain in effect despite arguments by local watering holes and organizations claiming the ban is unconstitutional due to Casino Aztar receiving special immunity from the law.

The ban currently prohibits smoking inside bars, restaurants, and private clubs anywhere within the city limits with the only exception being Casino Aztar.

According to the 16-page ruling handed down on Friday, the judges said that the reason Casino Aztar is an exemption from the ban is because not only do they have a $500,000 ventilation system that filters out the second hand smoke but also most of the casino’s patrons are from outside the Evansville area. The ruling also insists that the smoking ban does not hinder people from frequenting local establishments.

For now, anyone wishing to smoke while out on the town in Evansville will have to continue to do so outside and at least 8 feet away from public entrances.

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