The Indiana Supreme Court Overturns Evansville’s Smoking Ban – The Rob’s Radio Show Weighs In

The courts ruling will now allow the business to decided whether to remain smoke free, or to once again allow smoking. This only includes clubs, bars and taverns that are 21 and over.

Rob

I know every opinion about this is a controversial one, and that I'm on an island from the ladies on the show, but I believe smoking shouldn't be done indoors publicly. Outside of bars, clubs, and the like, you can't smoke inside of pretty much any other business. The reason it's illegal to do so is because is detrimental to the health of everybody near the smoker. I'll be honest, I'm not in favor of protecting smokers' rights. Some people will argue that it should be up to the bar owner what his rules are, and I understand that point. It's certainly the capitalistic viewpoint and the American way. But sometimes regulations need to be put in place. As an extreme example, should it be up to the bar owner whether or not his bar can sell meth? I don't really mind what people do to their own bodies, but it affects the health of everyone around them. As a nonsmoker, it's very annoying. I will say this, though. The law as it was written probably should have been overturned, and I was very disappointed in Evansville lawmakers regarding this situation. I feel like they presented the proposal as something that was "looking out for the health" of the people in the city, which I could totally get behind. But exempting the boat completely shattered that illusion for me. It was a reality check for me. If you have enough money, you're above the law? That's disgusting for me. If you can do it in the casino, why shouldn't you be able to do it somewhere else. I do hope the law gets reworked and passed, but I'm more disappointed in Evansville lawmakers for exempting the boat than I am in the Indiana Supreme Court for overturning it. One last thing, I do not have a problem with people smoking outside under pretty much all circumstances.

Kat

I am honestly in favor of the Supreme Court ruling to overturn the smoking ban. Now before you get mad at me, hear me out… From a constitutional standpoint only, I do feel like the ban was in violation. It absolutely was not fair to include bars, taverns, private clubs & fraternal orders but exclude the river boat. If the ban was in the name of health for the community, then why exclude the boat? Because the patrons are from out of town? What about all of the local employees? Does their health not matter? From the outside looking in, it certainly seems as though the river boat was able to buy their way out of the ban, thanks to all of the money that the city makes off of their revenues. I don’t know that this is true, but it certainly seems that way. In regard to the smoking ban itself, I have never supported it. Again, hear me out. I am not going to get on a soap box about “smokers’ rights,” but I will say that it is about a business owners rights - the right to run their business as they see fit. I feel it is the right of the owners to decide if they want to allow smoking or not in their establishments, just like it is your right as a customer to decide where you go to spend your money. If you aren’t comfortable in a smoking environment, go somewhere else to spend your money. No one is forcing you to go into a bar full of smoke. Pick one where there is no smoking. You have that choice. If a smoking establishment doesn’t have the customer base to pay their bills, they will either have to change the way they do business or they will go out of business. Of course there is always the possibility that they will make enough money from their smoking customers to maintain their operating costs. It is the basic rules of economics. Ultimately, it should have always been in the hands of the business owners. Incidentally, since the ban has been overturned, there are several Evansville bar owners who have exercised their right as a business owner to not allow smoking – these are bars that were smoking establishments prior to the ban, and are now smoke-free even after the ban has been overturned. As for the future of the smoking ban, will the city try again, this time including the river boat? I am just as curious as you are. My instincts say that they won’t pursue it any farther, but I really don’t know.

Chandelle

I'm not a smoker, but for some reason going into a bar where people are smoking doesn't bother me. I agree that it is the owner of the business' decision to allow smoking or not. It's their business that is going to be effected by either choosing to allow smoking or ban it. But on the other hand, I can still see why people would be upset by the ban being lifted. It is effecting the health of people who may not even smoke. Plus the smell isn't exactly pleasant. But personally, it won't keep me from going to a bar that I enjoy.

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